Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45606 of 2018 Applicant :- Smt. Santoshi Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Ruksana Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Smt. Santoshi Devi in connection with Case Crime No. 556 of 2018 under Section 363, 366, 368, 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Iglas, District Aligarh.
Heard Ms. Ruksana, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA along with Sri Awaneesh Shukla, learned counsel appearing on behalf of the State.
The submission of learned counsel for the applicant is that the applicant is the mother of the main accused Ravindra with whom the prosecutrix has eloped and married. It is urged that she has no direct or indirect role in the decision taken by her son and the prosecutrix. It is further argued that the prosecutrix going by medico legal estimation of her age as evidenced by the age certificate dated 30.08.2018 issued by the Chief Medical Officer, Aligarh is about 17 years which giving the usual allowance of two years variation in the medically estimated age would reckon the prosecutrix to be a major. Learned counsel for the applicant has further taken the Court through the statement under Section 164 where the prosecutrix has clearly spoken exculpatory, and, has said that she has eloped with the applicant's son. She was ill-treated at her parent's place where she has a step-mother. It is said that the two have married and were also protected from arrest vide order dated 28.08.2018 of a Division Bench of this Court passed in Criminal Misc. Writ Petition No. 23578 of 2018 subject to fulfilment of certain steps, all of which have been taken.
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 applicant is the mother of the main accused Ravindra, and, the fact that the prosecutrix is prima facie a major, as also the fact that the prosecutrix 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 Smt. Santoshi Devi involved in Case Crime No. 556 of 2018 under Section 363, 366, 368, 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Iglas, District Aligarh 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 :- 30.11.2018 Deepak