Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41880 of 2018 Applicant :- Nitish Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Shailendra Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Supplementary affidavit filed today, is taken on record.
This is a bail application on behalf of Nitish Kumar in connection with Case Crime No.120 of 2018, under Sections 363, 366, 376 I.P.C. and 3/4 Protection of Children From Sexual Offences Act, P.S. Jamaniya, District Ghazipur.
Heard Sri Shailendra Kumar Rai, learned counsel for the applicant and Sri A.K.Mishra, learned AGA along with Sri Mayank Awasthi, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that going by her medico legal estimation of her age she is above 18 years. He has invited the attention of the Court to the medico legal certificate issued by the District Hospital, Ghazipur dated 23.07.2018 which shows her to be aged above 18 years on the basis of an ossification test. It is submitted further that the applicant and the prosecutrix are into a relationship and that she left home of her free will along with the applicant went to Varanasi and Mau where they rented a room and stayed there for four days; there they became physically intimate though it is stated that she has resisted that and the applicant had forced her. Learned counsel has also drawn the attention of the Court to the statement of the prosecutrix made to the doctor in her medico legal examination report which has been filed along with the supplementary affidavit, in Court today. It has been acknowledged in unqualified terms that the applicant and the prosecutrix have married and stayed together as man and wife at Mau. The statement made to the doctor is duly signed by the prosecutrix and counter-signed by the doctor. The statement leaves nothing for the prosecution to pursue.
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 punishment, the evidence appearing in the case, in particular, taking into consideration the statement of the prosecutrix made to doctor at the time of her medico legal examination and her statement recorded under Section 164 Cr.P.C., 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 Nitish Kumar in connection with Case Crime No.120 of 2018, under Sections 363, 366, 376 I.P.C. and 3/4 Protection of Children From Sexual Offences Act, P.S. Jamaniya, District Ghazipur 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 R./