Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3924 of 2019 Applicant :- Pushpraj Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Subhash Chandra Mishra,Mamta Sen,Prem Prakash Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Vindeshwari Prasad, learned counsel for the informant, learned A.G.A. for the State of U.P and perused the material available on record.
Argument raised on behalf of the applicant has been confined to the ambit that the applicant happens to be an innocent person and has committed no offence. Offence under Section - 376 I.P.C. is not made out against him. The prosecutrix has not supported the claim of the informant. She in her statement under Sections 161 and 164 Cr.P.C. has squarely denied any offence having been committed against her by the applicant. The police in order to improve version of the victim has deliberately added Sections - 372, 376 I.P.C. and Section 3/4 POSCO Act against the applicant. The fact is that, on medical examination of the victim, she was assessed to be around 19 years old. That way, it cannot be stated that she was minor. The determination of age is subject matter of evidence and the advantage accrued to the applicant regarding the age on the basis of the medical examination cannot be straighway denied to him. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 26.11.2018.
Per contra, Sri Vindeshwari Prasad, learned counsel for the informant has vehemently urged that plethora of evidence on point of Section - 372 I.P.C. is available in the case diary. The fact that victim is minor, is supported by her school leaving certificate, wherein her date of birth is shown to be 25.7.2003. That way, she is only 15 years old and hence, interest of minority is to be secured. It is high time to know that the person to whom custody of the victim was given, has also refused to take her in custody on ground that there is possibility of the victim indulging in some immoral and heinous offence in collusion with the accused of this case. Applicant has criminal history and the same has not been elaborated by him. The victim is still in the possession of the accused.
Also heard the learned A.G.A.
Considered the accusations made above, the statement of the victim under Sections - 161 and 164 Cr.P.C. and the material brought before this Court, obviously a good ground for bail is made out.
Accordingly, bail application is allowed.
Let the applicant - Pushpraj Yadav involved in Case Crime No. 414 of 2017, under Sections - 363, 366, 372, 376 I.P.C. and Section - 3/4 of POCSO Act, Police Station - Utraon, District - Allahabad be released on bail on his 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
(iv) The applicant will not commit offence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.1.2019 S Rawat