Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41898 of 2018 Applicant :- Shivam Opposite Party :- State Of U.P. Counsel for Applicant :- Onkar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of Shivam in connection with Case Crime No.184 of 2018, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, P.S. Garhipukhta, District Shamli.
Heard Sri Onkar Singh, learned counsel for the applicant and Sri M.P.Singh Gaur, learned AGA along with Sri Mayank Awasthi, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that the entire prosecution case is based on false allegations. The prosecutrix has neither been enticed away nor ravished. Learned counsel has invited the attention of the Court to the medico legal estimation of her age which shows her to be a major aged 19 years. Learned counsel has taken the Court through the statement of the prosecutrix recorded under Section 164 Cr.P.C. wherein the specific case is that she left home annoyed after scolding by her father over not doing of daily chores. It is stated that she went away from home and proceeded to Shamli, she stayed at the bus stand there, and, in the evening returned home. It is also said that no body did anything to her by force. It is also said that her father has got the case registered before her return. To the same effect is the statement made to the doctor during her medico legal examination which figures at page 33 of the paper book.
Learned AGA has opposed the prayer for bail but does not dispute the fact that that all the statements of the prosecutrix are exculpatory.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, in particular, the statement of the prosecutrix recorded under Section 164 Cr.P.C., 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 Shivam in connection with Case Crime No.184 of 2018, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, P.S. Garhipukhta, District Shamli 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 :- 31.10.2018 R./