Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49151 of 2018 Applicant :- Sandeep Kumar Bind Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Chandel Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Sandeep Kumar Bind in connection with Case Crime No. 65 of 2018, under Sections 363,366,376 IPC & Section 3/4 POCSO Act, P.S. Kandawa, District Chandauli.
Heard Sri Manoj Kumar Chandel, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned A.G.A. appearing for the State.
The submission of the learned counsel for the applicant is that going by the medico legal estimation of the prosecutrix's age, determined by the Chief Medical Officer, Chandauli on the basis of an ossification test through an age certificate dated 20.08.2018, has been opined to be about 18 years. It is submitted by the learned counsel for the applicant that going by the medico legal estimation of the prosecutrix's age, she is clearly a major and, therefore, the provisions of the POCSO Act would not apply. Learned counsel has drawn the attention of the Court to the statement of the prosecutrix under Section 164 Cr.P.C. which is wholesomely exculpatory and speaks about the prosecutrix leaving home of her own and going by train from Varanasi to Bhusawal calling the applicant over whom she acknowledged to be her lover, and marrying him in a temple at Dedhgaon. It is submitted that looking to the stand of the prosecutrix there is no basis for the prosecution to establish any charge against the applicant.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that prosecutrix is clearly a major, the statement under Section 164 Cr.P.C. is exculpatory, but without expressing any opinion on merits, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Sandeep Kumar Bind involved in Case Crime No. 65 of 2018, under Sections 363,366,376 IPC & Section 3/4 POCSO Act, P.S. Kandawa, District Chandauli 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 :- 20.12.2018 BKM/-