Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40973 of 2018 Applicant :- Sanjay @ Sandeep Opposite Party :- State Of U.P.
Counsel for Applicant :- Sandhya Singh,Kapil Kumar Counsel for Opposite Party :- G.A.,Shitala Sahay Srivastav,Sudhir Kumar Srivastava
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Sanjay @ Sandeep in connection with Case Crime No. 353 of 2017 under Section 363, 366, 376 IPC and Section 4 Protection of Children from Sexual Offences Act, P.S. Pahasu, District Bulandshahar.
Heard Sri Kapil Kumar, learned counsel for the applicant. Sri Shitala Sahay Srivastav, learned counsel appearing on behalf of the complainant and Sri Sudhir Kumar Pathak, learned AGA along with Sri Ashutosh Diljan, learned counsel appearing on behalf of the State.
The submission of learned counsel for the applicant is that the prosecutrix is a major. He has drawn the attention of the Court to the medico legal estimation of the prosecutrix's age certified by the Chief Medical Officer, Bulandshahar vide his certificate dated 19.07.2018 which has been produced before this Court as part of the case diary by the learned AGA. A perusal of the said certificate shows that the prosecutrix, on the basis of an ossification test as well as dental evaluation, has been opined to be 18-19 years. It is submitted that looking to the aforesaid medically estimated age, the prosecutrix is clearly a major, and, therefore, the provisions of POCSO Act would not at all be attracted. Learned counsel for the applicant has further brought to the attention of the Court the statement of the prosecutrix under Section 164 Cr.P.C. which is wholesomely exculpatory, and, indicates that the prosecutrix has fallen in love with the applicant and has married him, and, therefore, she wants to stay with the applicant to which the father objects on account of a personal dislike for the applicant which finds place in the statement of the prosecutrix, under Section 164 Cr.P.C.
Learned counsel appearing on behalf of the complainant and the learned AGA have 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 a major and the fact that she has spoken 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 Sanjay @ Sandeep involved in Case Crime No. 353 of 2017 under Section 363, 366, 376 IPC and Section 4 Protection of Children from Sexual Offences Act, P.S. Pahasu, District Bulandshahar 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 :- 19.12.2018 Deepak