Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48914 of 2018 Applicant :- Rohit Baghel Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Rohit Baghel, in Case Crime No.40 of 2018, under Sections 363, 366, 376 IPC, and Section 3/4 POCSO Act, Police Station Kabrai, District Mahoba.
Heard Sri Sanjay Singh Sengar, learned counsel for the applicant and Sri Sudheer Kumar Pathak, learned AGA 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, by the Chief Medical Officer, Mahoba, carried in his report dated 24.7.2018, based on an ossification test, the prosecutrix has been opined to be aged about 18 years. Learned counsel for the applicant submits that in view of the aforesaid, the prosecutrix is clearly a major and the provisions of the POCSO Act are not at all 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 the prosecutrix loves the applicant for the past one year and is into a relationship with him. It is said that he is a neighbour of her sister at Indore. It is also said that she was living at Indore for the past one year. She has also said that she has married the applicant about six to seven months back at Indore in a temple, converting her faith to Hinduism. She has also said that she is a matriculate and her date of birth is of the year 2002. She has further said that she wants to stay with Rohit (the applicant), but she is a minor. Regarding the aforesaid statement, learned counsel shows that the assertion about the prosecutrix being a minor has been made, going by her recorded date of birth, in ignorance of her actual date of birth that has now been medically determined to find her a major, undisputedly. It is submitted that by all means, the statement under Section 164 Cr.P.C., is exculpatory and there is no other circumstance that may invite any penal consequence for the applicant.
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, based on a scientific assessment, is prima facie a major and the statement under Section 164 Cr.P.C., is wholeheartedly exculpatory, 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 Rohit Baghel, in Case Crime No.40 of 2018, under Sections 363, 366, 376 IPC, and Section 3/4 POCSO Act, Police Station Kabrai, District Mahoba 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 :- 19.12.2018 NSC