Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45815 of 2018 Applicant :- Ramji Opposite Party :- State Of U.P.
Counsel for Applicant :- Shweta Srivastava,Alok Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Ramji, in Case Crime No.28 of 2017, under Sections 363, 366, 376 IPC, and Section 3/4 POCSO Act, Police Station, Akbarpur, District Kanpur Dehat.
Heard Sri Alok Srivastava, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA along with Sri Ashutosh Diljan, learned counsel appearing on behalf of the State.
The submission of the learned counsel for the applicant is that going by the medico legal estimation of the prosecutrix's age, certified by the Chief Medical Officer, Kanpur Dehat, vide his certificate dated 18.8.2017, based on an ossification test, she is aged about 18 years. It is submitted that looking to the aforesaid estimation of her age, the prosecutrix is a major and 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., that is exculpatory in unqualified terms where the prosecutrix has said that she left home of her own accord on 15.12.2016 and went along with Ramji (the applicant) to Etawah where two or three days later, she married Ramji in a temple. It is further said that she set up home with Ramji (the applicant) at Pakkabagh in Etawah. It is also said that the two cohabited like man and wife by her consent and that the prosecutrix loves the applicant and has gone along with him of her free will where the applicant has no blame worthy conduct.
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 going by the medico legal estimation of her age is a major and the statement under Section 164 Cr.P.C., 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 Ramji, in Case Crime No.28 of 2017, under Sections 363, 366, 376 IPC, and Section 3/4 POCSO Act, Police Station, Akbarpur, District Kanpur Dehat 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 :- 30.11.2018 NSC