Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40815 of 2018 Applicant :- Laukesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Dewendra Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Laukesh, who is in jail since 30.04.2018 in connection with Case Crime No. 69 of 2018, under Sections 363,366,376 and 506 IPC and 3/4 POCSO Act, P.S. Belghat, District Gorakhpur.
Heard Sri Dewendra Singh, learned counsel for the applicant and Sri J.B. Singh, learned AGA alongwith Sri Ashutosh Diljan appearing for the State.
The submission of the learned counsel for the applicant is that he has been falsely implicated. The applicant and the prosecutrix are in love, and, she eloped with the applicant of her free will. Learned counsel for the applicant has invited the attention of the Court to the medical estimation of age of the prosecutrix which has been estimated to be about 16 years. He submits that giving the usual allowance of two years to the benefit of the accused, the prosecutrix would reckon to be a major aged about 18 years. Learned counsel has taken the Court through the statement of the prosecutrix under Section 164 Cr.P.C., recorded before the Judicial Magistrate, a copy of which is annexed as Annexure 4 to the affidavit in support of the present application, where the prosecutrix has said in unqualified terms that about 15 days ante dating the time of her statement, she called the applicant over of her free will. It is said that the applicant and the prosecutrix are in love. It is said that both of them married in Kalka Ji Mandir and had physical relations; at the tail end of the statement, though, the prosecutrix has said that she wants to go with her mother. The learned counsel for the applicant submits that looking to the aforesaid statement of the prosecutrix, no case against applicant can be said to be made out. It is submitted that the applicant is a respectable man with no criminal history and is in jail since 30.04.2018.
Learned A.G.A. has opposed the prayer for bail but does not dispute the fact that going by the medically reckoned age, the prosecutrix would reckon to be a major and that the statement under Section 164 Cr.P.C. is absolutely exculpatory.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the statement of the prosecutrix that is exculpatory in unqualified terms but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Laukesh involved in Case Crime No. 69 of 2018, under Sections 363,366,376 and 506 IPC and 3/4 POCSO Act, P.S. Belghat, District Gorakhpur be released on bail on executing his 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 :- 26.10.2018 BKM/-