Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2625 of 2019 Applicant :- Mukeem Opposite Party :- State Of U.P.
Counsel for Applicant :- Sachin Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Mukeem, in Case Crime No.353 of 2018 under Sections 328, 363, 366, 376D, 506, IPC, and Section 3/4 POCSO Act, Police Station Bahjoi, District Sambhal.
Heard Sri Sachin Kumar Sharma, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA along with Sri Abhinav Tripathi, learned counsel 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 determined by the Chief Medical Officer, Sambhal, vide his certificate dated 12.07.2018, she has been opined to be aged about 18 years. It is submitted that the provisions of the POCSO Act would, therefore, not be attracted. It is pointed out by learned counsel for the applicant that a reading of the statement of the prosecutrix under Sections 161 and 164 Cr.P.C., shows that the allegation of rape is against co-accused Milan and Ankit, with no such allegation against the applicant. About the applicant, all that is said is that he was standing by, when the two co-accused Milan and Ankit, ravished her. Learned counsel for the applicant submits that the applicant has been implicated due to some misconception harboured by her father, the first informant against the applicant, by alleging that he was standing under the Peepal tree at the time of occurrence, whereas there is no evidence on record connecting the applicant to the crime.
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, and, in particular, the fact that there is no allegation of rape ex facie against the applicant in any of the statements of the prosecutrix or any evidence to that effect collected during investigation, the fact that the only allegation against the applicant is of standing by, at the time of the alleged offence, 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 Mukeem, in Case Crime No.353 of 2018 under Sections 328, 363, 366, 376D, 506, IPC, and Section 3/4 POCSO Act, Police Station Bahjoi, District Sambhal 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 :- 21.1.2019 NSC