Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13987 of 2021 Applicant :- Pradeep Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Ved Prakash Pandey,Satish Chandra Shukla Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Pradeep Kumar in connection with Case Crime No. 747 of 2020 under Sections 363, 366, 376 IPC and Section 5/6 POCSO Act, P.S. Soraon, District Prayagraj.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State through video conferencing.
It is submitted by the learned counsel for the applicant that the prosecutrix has spoken exculpatory in her statement recorded under Section 164 Cr.P.C., where she has candidly stated that owing to the ill treatment metted out by her father his wayward the life of a drunkard , she eloped with the applicant of her free will and married him in a temple at Nawabganj. It is urged that the statement of the prosecutrix further shows that she was forcibly taken away by her family from the temple and the present FIR was lodged on false allegations. This Court was taken through the statement of the prosecutrix under Section 164 Cr.P.C. It is next submitted that according to the medico legal estimation of the prosectrix's age undertaken by the radiologist of M.L.N. Divisional Hospital, Prayagraj, she has been opined to be above 18 years and below 20 years, the opinion being based on an ossification test. It is submitted that the aforesaid report clearly shows that the prosecutrix is a major and competent to marry or stay with a person of her choice. It is a case, where the prosecutrix left home of her free will and not one involving kidnapping or rape. It is urged that the applicant has no criminal history and is in jail since 05.09.2020. The learned A.G.A. has opposed the prayer for bail.
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 prosecutirx has spoken exculpatory in her statement under Section 164 Cr.P.C., the fact that the prosecutrix is a major and of the age of consent, the fact that the applicant has no criminal history, 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, Pradeep Kumar in connection with Case Crime No. 747 of 2020 under Sections 363, 366, 376 IPC and Section 5/6 POCSO Act, P.S. Soraon, District Prayagraj 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.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 10.5.2021 Deepak