Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45346 of 2018 Applicant :- Peer Mohammad @ Maten @ Raja Opposite Party :- State Of U.P. Counsel for Applicant :- Anurag Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
In compliance with this Court's order dated 28.11.2018, the learned in-charge Chief Metropolitan Magistrate, Kanpur Nagar has submitted the report of the Chief Medical Officer/medical board assessing the prosecutrix's age in a sealed cover. The sealed cover has been opened under orders of this Court. It is exhibited and made part of it.
This is a bail application on behalf of the applicant Peer Mohammad @ Maten @ Raja in connection with S.T. No. 612 of 2017 (Case Crime No. 282 of 2017) under Section 363, 366, 368, 376, 380, 506 IPC and Section 8 Protection of Children from Sexual Offences Act, P.S. Sachendi, District Kanpur Nagar.
Heard Sri Anurag Singh, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA along with Sri Raj Kumar Yadav, learned counsel appearing on behalf of the State.
The submission of learned counsel for the applicant is that looking to the medico legal estimation of the prosecutrix's age according to the report of the medical board dated 30.11.2018 based on an ossification test as also the dental assessment, she has been opined to be about 18 years. It is submitted that the prosecutrix is clearly a major, and, the provisions of POCSO Act would not at all 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., where she has spoken exculpatory. It is pointed out that in the said statement, she has said that she understands her welfare, and, that she knows the applicant for the past three years but had not shared her relationship to the applicant with her parents. It is said that on 20.04.2018, she went along with the applicant of her free will but has not married him yet. It is said that she stayed with the applicant for 7-8 days at Panki, Kanpur Nagar like man and wife, and, then, they were arrested by the police. It is further stated that she had gone along with the applicant of her free will and there was no employment of force. It is also said that she wants to marry the applicant and go along with him. Learned counsel for the applicant submits that looking to the said statement of the prosecutrix, there is no case against the applicant whatsoever.
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 prima facie, the prosecutrix is a major, and, the statement under Section 164 Cr.P.C. is wholesomely 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 Peer Mohammad @ Maten @ Raja involved in S.T. No. 612 of 2017(Case Crime No. 282 of 2017) under Section 363, 366, 368, 376, 380, 506 IPC and Section 8 Protection of Children from Sexual Offences Act, P.S. Sachendi, District Kanpur Nagar 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 :- 21.12.2018 Deepak