Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49160 of 2018 Applicant :- Rajnesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjive Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Rajnesh in connection with Case Crime No. 227 of 2018, under Sections 363,366,376 IPC & Section 3/4 POCSO Act, P.S. Ushait, District Budaun.
Heard Sri Sanjeev Kumar Gupta, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned A.G.A., along with Sri Avaneesh Shukla appearing for the State.
The submission of the learned counsel for the applicant is that going by the medico legal estimation of the prosecutrix's age determined by the Chief Medical Officer, Budaun, based on an ossification test, by his certificate dated 20.09.2018, the prosecutrix has been opined to be about 16 years. It is submitted that giving the usual allowance of two years in variation to the benefit of the accused, the prosecutrix would reckon to be 18 years and, therefore, a major. It is submitted that going by the prosecutrix's age, the provisions of the POCSO Act would not be attracted. Learned counsel for the applicant has invited the attention of the Court to the statement of the prosecutrix under Section 164 Cr.P.C., where she has said in a short statement that she had gone along with the applicant, Rajnesh of her free will and married him also of her free will. Learned counsel for the applicant submits that the statement of the prosecutrix under Section 161 Cr.P.C. is also to the same effect and very elaborately gives reasons why the prosecutrix abandoned her home and went along with the applicant to marry him. Both statements are clearly exculpatory. In the circumstances, it is submitted by learned counsel for the applicant that no case for detaining the applicant pending trial is made out.
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 prosecutrix is prima facie a major and the statement under Section 164 Cr.P.C. is exculpatory, but without expressing any opinion on merits, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Rajnesh involved in Case Crime No. 227 of 2018, under Sections 363,366,376 IPC & Section 3/4 POCSO Act, P.S. Ushait, District Budaun 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 :- 20.12.2018 BKM/-