Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41700 of 2018 Applicant :- Manoj Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Hari Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of Manoj Kumar in connection with Case Crime No.558 of 2018, under Sections 363, 376 I.P.C. and 3/4 Protection of Children From Sexual Offences Act, P.S. Khoda, District Ghaziabad.
Heard Sri Hari Prakash Mishra, learned counsel for the applicant and Sri Nitin Kesarwani, 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 the prosecutrix is a major reckoning her to be so with the usual margin of 2 years, as medically certified. In this connection, learned counsel for the applicant has invited the attention of the Court to the medical certificate dated 03.08.2018 that indicates her age to be about 17 years. Learned counsel for the applicant has taken the Court through the statement of the prosecutrix recorded under Section 164 Cr.P.C. that clearly shows that the prosecutrix left home of her own accord with the applicant, went to Ghaziabad and married him there. Then they proceeded to Delhi and established physical relations. The prosecutrix has said that all that has happened is by her consent. She also has said that she knows the applicant for a good time. It is also said that no body has taken her away by blandishment. Learned counsel for the applicant submits that the said statement recorded under Section 164 Cr.P.C., prima facie renders the prosecution case of no worth.
Learned AGA has opposed the prayer for bail but does not dispute the fact that the statement of the prosecutrix recorded under Section 164 C.P.C., is exculpatory.
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 the prosecutrix is prima facie a major and the statement of the prosecutrix recorded under Section 164 Cr.P.C., is exculpatory, 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 Manoj Kumar in connection with Case Crime No.558 of 2018, under Sections 363, 376 I.P.C. and 3/4 Protection of Children From Sexual Offences Act, P.S. Khoda, District Ghaziabad 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 :- 30.10.2018 R./