Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41685 of 2018 Applicant :- Ranjeet Bhardwaj Opposite Party :- State Of U.P.
Counsel for Applicant :- Hemant Kumar,Pradeep Kumar Keshri,Tanweer Ahmed Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of Ranjeet Bhardwaj in connection with Case Crime No.899 of 2018, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, P.S. Kotwali Farrukhabad, District Farrukhabad.
Heard Sri Hemand Kumar, learned counsel for the applicant and Sri D.P.S.Chauhan, learned AGA along with Sri Mayank Awasthi, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that the prosecutrix is a major, inasmuch as in her medico legal estimation of age, she has been opined to be about 17 years old. It is submitted that giving the usual allowance of two years benefit to the accused, she would reckon as a major. Learned counsel has invited the attention of the Court to the statement of the prosecutrix recorded under Section 164 Cr.P.C., where the prosecutrix has said categorically that she left home of her own accord; she was not taken away by blandishment; she left home along with the applicant in order to marry him, which could not fructify. It is also said in the statement that during the period she stayed with him, he did not attempt to ravish her or even established sexual relations. She has indicated that she wants to marry the applicant. Learned counsel for the applicant on the foot of the statement recorded under Section 164 Cr.P.C., in particular, submits that no case against the applicant is made out.
Learned AGA has opposed the prayer for bail but does not dispute the fact that the statement of the prosecutrix recorded under Section 164 Cr.P.C., is exculpatory.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, in particular, the statement of the prosecutrix recorded under Section 164 Cr.P.C., that is exculpatory.
Accordingly, the bail application stands allowed.
Let the applicant Ranjeet Bhardwaj in connection with Case Crime No.899 of 2018, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, P.S. Kotwali Farrukhabad, District Farrukhabad. 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 :- 30.10.2018 R./