Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41291 of 2018 Applicant :- Kalu Opposite Party :- State Of U.P.
Counsel for Applicant :- Pawan Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of Kalu in connection with Case Crime No.230 of 2018, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, P.S. Badalpur, District Gautam Budh Nagar.
Heard Sri P.K.Shukla, learned counsel for the applicant and Sri M.P.S.Gaur, learned AGA along with Sri Rohit Pandey, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that the prosecutrix is a major as would appear from the medico legal estimation of her age in the report of the Chief Medical Officer, Gautam Budh Nagar dated 06.07.2018 where she has been opined to be aged about 18 years. It is argued that in the statement recorded under Section 164 Cr.P.C., the prosecutrix has alleged that she was taken away by blandishment though the applicant did not ravish or molest her as she warded off those attempts. It is submitted that since on the acknowledgement of the prosecutrix that there is no case of rape committed by the applicant, as such section 376 I.P.C. is not made out; at the best, a case under Section 511 I.P.C. might be disclosed. It is also submitted that going by the age of the prosecutrix, she does not appear to be a minor as per medico legal report.
Learned AGA has opposed the prayer for bail but does not dispute the fact that the prosecutrix is a major going by medico legal estimation of her age and also that no rape has been committed as acknowledged by the prosecutrix herself in her statement recorded under Section 164 Cr.P.C. He however, submits that an attempt was definitely made.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, in particular, the age of the prosecutrix and the fact that no case of rape is made out according to the prosecutrix herself, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Kalu in connection with Case Crime No.230 of 2018, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, P.S. Badalpur, District Gautam Budh Nagar be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 29.10.2018 R./