Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41831 of 2018 Applicant :- Naseem Ali Opposite Party :- State Of U.P. Counsel for Applicant :- Vijay Bahadur Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Naseem Ali in connection with Case Crime No. 790 of 2017 under Section 363, 366, 368, 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Dehli Gate, District Aligarh.
Heard Sri Vijay Bahadur Yadav, learned counsel for the applicant and Sri Sudhir Kumar Pathak, learned AGA appearing on behalf of the State.
The submission of learned counsel for the applicant is that the prosecutrix has been opined to be 17 years of age in a medical estimation of age done by the Chief Medical Officer, Aligarh. He has invited the attention of the Court to the medico legal certificate dated 10.05.2018 issued by the Chief Medical Officer, Aligarh. It is submitted that giving the usual allowance of two years benefit to the accused, the prosecutrix would 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. made before the Judicial Magistrate that is wholesomely exculpatory. A reading of it shows that the prosecutrix has said that she has married the applicant in a Court Marriage at Delhi. The applicant has not done anything to coerce the prosecutrix, and, whatever has been done was done by her free will. It is said that she wants to stay with the applicant. She has also gone on to say that her family members have brought pressure upon her to come with a statement to falsely implicate the applicant in a case of kidnapping. She has also said that her family members got her age recorded in her testimonials on the lower side. It is also said that she is in the family way, into the third month of it.
Learned AGA has opposed the prayer for bail but does not dispute the fact that the prosecutrix appears to be a major going by medical estimation of age, and, the statement of the prosecutrix under Section 164 Cr.P.C. is exculpatory.
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 stance taken by her in her statement under Section 164 Cr.PC. that 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 Naseem Ali involved in Case Crime No. 790 of 2017 under Section 363, 366, 368, 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Dehli Gate, District Aligarh 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 :- 31.10.2018 Deepak