Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48303 of 2018 Applicant :- Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Brijesh Narayan Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Rahul in connection with Case Crime No. 116 of 2018 under Section 363, 366, 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Uska Bazar, District Siddharth Nagar.
Heard Sri Brijesh Narayan Srivastava, learned counsel for the applicant and Sri Sudhir Kumar Pathak, learned AGA along with Sri Ashutosh Srivastava, learned counsel appearing on behalf of the State.
The submission of learned counsel for the applicant is that going by the stand of the prosecutrix in her statement under Section 164 Cr.P.C., she had gone along with the applicant of her free will and wants to stay with him. That is the short statement of the prosecutrix. Learned counsel for the applicant has invited the attention of the Court to the medico legal estimation of the prosecutrix's age carried in the certificate of the Chief Medical Officer, Siddharth Nagar, dated 10.10.2018 which on the basis of an ossification test opines the prosecutrix to be above 18 years. The said certificate has been produced before the Court as part of the case diary by the learned AGA which has been perused by the Court and learned counsel appearing on both sides. Learned counsel for the applicant submits that going by the aforesaid age of the prosecutrix, the provisions of POCSO Act would not be attracted. The submission is that the prosecutrix being an adult and her stand in the statement under Section 164 Cr.P.C. being exculpatory, the prosecution stands on infirm ground.
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 the prosecutrix is, prima facie, a major, and, the statement under Section 164 Cr.PC. that is 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 Rahul involved in Case Crime No. 116 of 2018 under Section 363, 366, 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Uska Bazar, District Siddharth 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 :- 18.12.2018 Deepak