Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41310 of 2018 Applicant :- Lalit Opposite Party :- State Of U.P. Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of Lalit in connection with Case Crime No,54 of 2018, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, P.S. Khajuriya, District Rampur.
Heard Sri Vikrant Gupta, learned counsel for the applicant and Sri A.K.Mishra, 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 be evident from a perusal of her medico legal estimation of age, dated 14.05.2018, that shows her to be about 18 years. He has invited the attention of the Court to the statement of the prosecutrix recorded under Section 164 Cr.P.C., that shows that though there is an allegation against the applicant of forcibly taking the prosecutrix but there is a categorical case that he did not do anything objectionable signifying that he did not ravish or molest her.
Learned AGA has opposed the prayer for bail and submits that there is after all an allegation of forcibly taking away the prosecutrix. However, he does not dispute the fact that the prosecutrix as per medico legal determination of age has been found to be a major though she claims to be 13 years, and, also that there is no allegation of rape or outraging the modesty of the prosecutrix against the application in the statement of the prosecutrix recorded under Section 164 Cr.P.C.
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 fact that there is no allegation of outraging the modesty of the prosecutrix or ravishing her, 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 Lalit in connection with Case Crime No,54 of 2018, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, P.S. Khajuriya, District Rampur 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./