Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51299 of 2019 Applicant :- Rashid Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kapil Kumar,Sandhya Singh Counsel for Opposite Party :- G.A,Mohd.Zakir
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Mohd. Zakir, learned counsel for the informant and learned A.G.A. for the State.
It has been submitted that the applicant is aged about 16 years & 6 months. His bail application was referred by the Juvenile Justice Board to the Sessions Judge and same has been rejected. From the medical report of the victim there is no injury found on her private parts. The injuries have been found on upper limb and lower limb in the form of contusion. Doctor has opined that there is sign of used of force against the victim and vaginal penetration cannot be ruled out. However, from the medical report there is no sign of any injury on the hymen of the victim. The victim is also minor aged about 16 years. The applicant is in jail since 16.10.2018 and no criminal history to his credit.
Learned AGA and learned counsel for the informant have vehemently opposed the prayer for bail on the ground that the age of the victim as per school certificate is 13 years and she is minor. It has further been submitted that the applicant has committed heinous offence against the victim and therefore, his bail was referred to the Juvenile Sessions Court by the Juvenile Justice Board. The applicant does not deserves to be enlarged on bail.
After hearing rival contentions it appears that there is difference between the age of the victim from her transfer certificate and medical report. The Apex Court in the case of Suhani and another Vs. State of U.P. and others reported in 2018 Law Suit (SC) 1364 has held that the medical report will prevail over the school certificate.
In the larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Rashid (Minor) involved in Case Crime No.683 of 2018, under Sections 376, 323, 504, 506 IPC & Section 4 of POCSO Act, Police Station Jahangirabad, District- Bulandshahr be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 29.11.2019 SS