Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45637 of 2018 Applicant :- Nitin Alias Kale Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Pathak,Rajesh Pathak Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Nitin Alias Kale in connection with Case Crime No. 1547 of 2018, under Sections 363, 376(3), 506 IPC and Section 3/4 POCSO Act, P.S. Sihanigate, District Ghaziabad.
Heard Sri Rajesh Pathak, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA alongwith Sri Ashutosh Srivastava appearing for the State.
The submission of the learned counsel for the applicant is that going by the medico legal estimation of the age, the prosecutrix has been certified by the Chief Medical Officer, Ghaziabad to be aged about 17 years based on an ossification test, which giving the usual allowance of two years, or even one, to the benefit of the accused, would reckon the prosecutrix to be a major. It is submitted that apart from the medically estimated age, a perusal of the statement under Section 164 Cr.P.C. recorded before the Additional Chief Judicial Magistrate Fourth, Ghaziabad on 13.08.2018 shows that the prosecutrix has outrightly denied the occurrence and said that her mother has lodged the FIR on patently incorrect allegations on account of the altercation that she had with the applicant. It is submitted that looking to the said statement 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 statement under Section 164 completely disowns the prosecution case, but without expressing any opinion on merits, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Nitin Alias Kale involved in Case Crime No. 1547 of 2018, under Sections 363, 376(3), 506 IPC and Section 3/4 POCSO Act, P.S. Sihanigate, District Ghaziabad 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 :- 30.11.2018 BKM/-