Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41712 of 2018 Applicant :- Pradumn Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajeet Kumar Srivastava,Navin Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
In compliance with the order of this Court dated 30.10.2018, the Chief Judicial Magistrate, Jaunpur has forwarded a report of the Medical Board constituted by the Chief Medical Officer, Jaunpur in a sealed cover. The same has been opened under orders of this Court. It is exhibited and placed on record.
This is an application for bail on behalf of the applicant, Pradumn in connection with Case Crime No. 86 of 2018, under Section 363,366,376 I.P.C. and Section 5/6 POCSO Act, Police Station Barsathi, District Jaunpur.
Heard Sri Ajeet Kumar Srivastava, learned counsel for the applicant and Sri J.B. Singh, learned AGA alongwith Sri Ashutosh Srivastava appearing for the State.
The Court has perused the medico legal report dated 02.11.2018, where based on an ossification test, the prosecutrix has been opined to be 17 years. Giving the usual allowance and variation in the medically estimated age by two years or even one, the prosecutrix would reckon to be a major. The learned counsel for the applicant has invited the attention of the Court to the statement under Section 164 Cr.P.C. recorded before the Additional Sessions Judge First, Jaunpur dated 18.8.2018, wherein the prosecutrix has said that she has fallen in love with the applicant. She has further stated that on 20.5.2018 she received a scolding from her family on account of which she left home and accompanied the applicant by bus to Allahabad and further on she went with the applicant by train to Jaipur. There, the two rented a room and stayed together. It is said that the prosecutrix married the applicant on 03.06.2018, and, the two are living together as man and wife.
Learned AGA 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 going by the medico legal estimation of age of the prosecutrix, she would reckon to be a major prima facie, and, the statement under Section 164 Cr.P.C. is exculpatory, where the parties have married, and, are living together as husband and wife, 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 Pradumn involved in Case Crime No. 86 of 2018, under Section 363,366,376 I.P.C. and Section 5/6 POCSO Act, Police Station Barsathi, District Jaunpur 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 :- 26.11.2018 BKM/-