Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4254 of 2018 Applicant :- Mohit Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramanuj Yadav Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of Mohit Kumar, in Case Crime No.1105 of 2017, under Sections 363, 376 IPC, and Section 4 of POCSO Act, Police Station Bisalpur, District Pilibhit.
Heard Sri Ramanuj Yadav, learned counsel for the applicant and Sri M.P. Singh Gaur, learned AGA along with Sri Ashutosh Diljan appearing on behalf of the State.
The submission of the learned counsel for the applicant is that the prosecutrix is an adult as would be apparent from a perusal of the medico legal certification of her age dated 27.12.2017 done by the Chief Medical Officer, Pilibhit, who has opined her to be aged about 18 years. The said affidavit is annexed as Annexure-SA-2 to the supplementary affidavit dated 6.4.2018. Learned counsel for the applicant has invited the attention of the Court to the statement of the prosecutrix under Section 164 Cr.P.C., where she has said that she went along with the applicant Mohit Kumar to Rudrapur of her free will. It is said that the applicant had represented that they would do a Court marriage there. It is also said that the prosecutrix stays with him in a rented accommodation along with her brother and sisters. It is then said that the applicant misbehaved with her. Thereafter, in the morning, the prosecutrix went over to the house of Mohit's sister-in-law (Bhabhi) before returning to Pilibhit. Learned counsel for the applicant submits that in the statement under Section 164 Cr.P.C., there is no hint of an allegation of rape that is discernible. It is argued that there is no other evidence on record that may establish a case of rape against the applicant. It is argued that the words employed in the statement under Section 164 Cr.P.C., "Badtamizi" is in no way to be understood or construed as a rape. It is a word that can be understood as misbehaviour. Learned counsel for the applicant further submits, that the applicant has no criminal history, and, is in jail since 20.11.2017.
Learned AGA has opposed the prayer for bail plea but does not deny the fact that apart from the aforesaid evidence in the statement under Section 164 Cr.P.C., of which the prosecutrix is the author, there is not much at this stage inculpatory. He, however, submits that the statement under Section 164 Cr.P.C., does indicate an allegation of ravishment.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of the allegations, the severity of punishment, the allegations against the applicant, in particular, the statement of the prosecutrix under Section 164 Cr.P.C., where there is no allegation of rape prima facie, or elsewhere, 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 Mohit Kumar, in Case Crime No.1105 of 2017, under Sections 363, 376 IPC, and Section 4 of POCSO Act, Police Station Bisalpur, District Pilibhit 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 :- 31.10.2018 NSC