Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17081 of 2019 Applicant :- Manish Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Singh Sengar,Ajay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Manish in Case Crime No.1027 of 2018, under Sections 363, 366, IPC, and Section 7/8 Protection of Children From Sexual Offence Act, Police Station Auraiya, District Auraiya.
Heard Sri Vijay Singh Sengar, learned counsel for the applicant and Sri V.N. Upadhyay, learned AGA appearing on behalf of the State.
The submission of the learned counsel for the applicant is that going by the medico legal estimation of the prosecutrix's age, as certified in the medico legal report dated 29.10.2018, issued by the District Hospital, Chichouli, District Auraiya, the age of the prosecutrix has been found to be about 18 years. She is thus clearly a major and, therefore, the provisions of the POCSO Act would not be attracted. In the statement under Section 164 Cr.P.C., recorded before the Magistrate, the prosecutrix has not supported the prosecution case at all.
Learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegations, the severity of punishment, 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 Manish in Case Crime No.1027 of 2018, under Sections 363, 366, IPC, and Section 7/8 Protection of Children From Sexual Offence Act, Police Station Auraiya, District Auraiya 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 :- 25.4.2019 NSC