Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41034 of 2018 Applicant :- Nand Lal Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Nand Lal Gupta in connection with Case Crime No. 69 of 2016 under Section 363, 366, 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Nautanawa, District Maharajganj.
Heard Sri Pradeep Kumar, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA appearing on behalf of the State.
The submission of learned counsel for the applicant is that the prosecutrix, going by the medico legal estimation of her age, is aged about 18 years as would be evident from a perusal of the age certificate dated 25.06.2018 issued by the Chief Medical Officer, Maharajganj. It is submitted that on the date of occurrence, that is 14.02.2016, giving the usual allowance of two years variation in age at that time to the medically estimated age of 16-17 years, the prosecutrix would still reckon to be a major. Learned counsel for the applicant has invited the attention of the Court to the statement of the prosecutrix under Section 164 Cr.P.C. which runs to the effect that she has married the applicant of her free will and is living with him for the past two and a half years as his lawfully wedded wife. She has said that the marriage is according to her wishes, and, now she wants to stay with her husband.
Learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, in particular, the fact that the prosecutrix, prima facie, is a major according to the medico legal estimation of her age, and, the statement 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 Nand Lal Gupta involved in Case Crime No.
69 of 2016 under Section 363, 366, 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Nautanawa, District Maharajganj 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 :- 26.11.2018 Deepak