Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1693 of 2019 Applicant :- Sandeep Opposite Party :- State Of U.P.
Counsel for Applicant :- Om Narayan Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Sandeep in connection with Case Crime No. 237 of 2018 under Section 363, 366, 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Roja, District Shahjahanpur.
Sri Om Narayan Pandey, learned counsel for the applicant and Sri S.K. Pathak, learned AGA appearing on behalf of the State.
The submission of learned counsel for the applicant is that going by the medico legal estimation of the prosecutrix's age indicated by the certificate of the Medical Officer, District Woman Hospital, Shahjahanpur dated 02.06.2018, the age of the prosecutrix has been determined to be about 16 years. The aforesaid estimation is based on an ossification test. The submission of learned counsel for the applicant is that making allowance for variation of two years in the medically estimated age, the prosecutrix would reckon to be a major. He further submits that the provisions of POCSO Act would not be attracted. Learned counsel for the applicant has further invited the attention of the Court to the statement of the prosecutrix recorded under Section 164 Cr.P.C. where she has spoken exculpatory to say that she knows the applicant. He lives in her Mohalla. He called the prosecutrix on 11th June, 2018 on phone inviting her over to Shahjahanpur saying that he would get necessary medicine to cure fever. She says that there was a marriage in the family of her maternal uncle. She has said that she went to Shahjahanpur and then accompanied the applicant to Haridwar. It is also said that the applicant works in a gas-stove company and she stayed with him in a rented room. It is said that the two stayed together like man and wife for 20 days. It is also said that they had carnal relations. Thereater, she returned of her own to Shahjahanpur. She was standing by a tempo when she arrested by the Daroga. The submission of learned counsel for the applicant is that the aforesaid statement is clearly exculpatory and no offence is made out against the applicant.
Learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, in particular, the fact that the prosecutrix is prima facie a major and the statement under Section 164 Cr.P.C. is exculpatory, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Sandeep involved in Case Crime No. 237 of 2018 under Section 363, 366, 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Roja, District Shahjahanpur 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence lead unaffected by anything said in this order.
Order Date :- 21.1.2019 Deepak