Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45336 of 2018 Applicant :- Nare Opposite Party :- State Of U.P.
Counsel for Applicant :- Jay Babu Kesharwani Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Nare in connection with Case Crime No. 276 of 2017, under Sections 363,366,376(2)(I) I.P.C. and Section 4 POCSO Act, Police Station Pipari, District Kaushambi.
Heard Sri Jay Babu Kesharwani, learned counsel for the applicant and Sri J.B. Singh, learned AGA appearing for the State.
The submission of the learned counsel for the applicant is that going by the medico legal estimation of age of the prosecutrix, certified by the Radiologist, District Hospital, Kaushambi, vide his certificate dated 9.12.17, the prosecutrix, on the basis of an ossification test, has been opined to be about 18 years. It is urged that looking to the said certificate that the prosecutrix is ex facie a major and, therefore, the provisions of POCSO Act would not be attracted. Learned counsel for the applicant has invited the attention of the Court to the statement of the prosecutrix under Section 164 Cr.P.C., wherein the prosecutrix has said in unqualified terms that she is in love with the applicant for the past one year; that two have married in a Mandir at Allahabad; that both have been living together as man and wife; that the applicant never did anything by employing force or ravished the prosecutrix, and, that the applicant did not take away the prosecutrix by force. She has, however, stated that she wants to go alongwith her mother. The submission of the learned counsel for the applicant is that looking to the aforesaid stand of the prosecutrix, no case, whatsoever, is made out against the applicant.
Learned AGA has opposed the bail plea.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the 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 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.
The bail application, accordingly, stands allowed.
Let the applicant Nare involved in Case Crime No. 276 of 2017, under Sections 363,366,376(2)(I) I.P.C. and Section 4 POCSO Act, Police Station Pipari, District Kaushambi 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 :- 28.11.2018 BKM/-