Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43106 of 2018 Applicant :- Rahul Maurya Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
In compliance with the order dated 14.11.2018, the Chief Metropolitan Magistrate, Kanpur Nagar has submitted a report of the Medical Board in turn submitted to him by the Chief Medical Officer, Kanpur Nagar dated 17.11.2018, which on the basis of an ossification test has opined the prosecutrix to be aged about 19 years. The said report is made part of the record.
This is an application for bail on behalf of the applicant Rahul Maurya, in Case Crime No.0225 of 2017, under Sections 363, 366, 376, IPC, and Section 3/4 POCSO Act, Police Station, Govind Nagar, District Kanpur Nagar.
Heard learned counsel for the applicant and Sri J.B. Singh, learned AGA along with Sri Abhinav Tripathi, learned counsel appearing on behalf of the State.
The submission of the learned counsel for the applicant is that the prosecutrix is a major going by the medico legal estimation of age where she has been found to be 19 years. A perusal of the statement of the prosecutrix under Section 164 Cr.P.C., shows that she has spoken exculpatory in unqualified words where she has said that she left home after being admonished by her mother on 3.5.2018 and went to Amausi Airport and called the applicant over. She went with him and stayed at his place for three days. Lateron, on coming to learn that some report had been lodged, the prosecutrix and the applicant went to the police, who let the applicant's father go but detained the applicant. It has been said that the applicant has not enticed her away or made any indecent gestures or done anything unlawful or objectionable. The prosecutrix has said that the applicant had just helped her as she was aggrieved by her family. It is submitted that a reading of the statement under Section 164 Cr.P.C., does not indicate commission of any of the offences charged.
Learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegations, the severity of punishment, and, in particular, the fact that the prosecutrix has been opined to be 19 years of age and, therefore, clearly a major as also taking into account her statement under Section 164 Cr.P.C., that is exculpatory in unqualified terms, 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 Rahul Maurya, in Case Crime No.0225 of 2017, under Sections 363, 366, 376, IPC, and Section 3/4 POCSO Act, Police Station, Govind Nagar, District Kanpur Nagar 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 NSC