Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48834 of 2018 Applicant :- Raju Opposite Party :- State Of U.P.
Counsel for Applicant :- Vindeshwari Prasad,Praveen Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Raju in connection with Case Crime No. 18 of 2013 under Section 363, 366, 376, 120B IPC, P.S. Civil Lines, District Budaun.
Heard Sri Vindeshwari Prasad, learned counsel for the applicant and Sri Sudhir Kumar Pathak, learned AGA appearing on behalf of the State.
The submission of learned counsel for the applicant is that the prosecutrix is a major. In this connection, he has relied upon a report dated 17.07.2013 submitted by the Chief Medical Officer, Budaun based on an ossification test, where he has opined the prosecutrix to be aged about 18 years. The said report, though not annexed along with the present bail application, has been produced before the Court by the learned AGA as part of the case diary. The same has been perused. It is submitted by the learned counsel for the applicant that going by the medically estimated age of the prosecutrix, she is 18 years. Thus, the prosecutrix is clearly a major. It is further pointed out by the learned counsel for the applicant that the statement under Section 164 Cr.P.C. is clearly exculpatory. The Court has been taken through the said statement where the prosecutrix has in unqualified words said that she is in love with the applicant and married him.
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 clearly a major, and, the statement of the prosecutrix 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 Raju involved in Case Crime No. 18 of 2013 under Section 363, 366, 376, 120B IPC, P.S. Civil Lines, District Budaun 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 :- 19.12.2018 Deepak