Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55538 of 2019 Applicant :- Shubham Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Chandra Srivastava,Virendra Prakash Counsel for Opposite Party :- G.A.,Sundeep Shukla
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Shri Sandeep Shukla, learned counsel for the informant and learned A.G.A. for the State and perused the record.
The submission is that as per medical report the age of the victim is 18-19 years.Given margin of one year on higher side, she can be considered to be major.It is submitted that earlier father of the victim has lodged the First Information Report against the applicant and he approached this court along with victim by filing Criminal Misc. Writ Petition No. 21710 of 2019 wherein stay of arrest of the applicant and victim was granted by order dated 23.9.2019.Subsequently father of the victim has lodged another First Information Report dated 21.9.2019 and in pursuance thereof applicant is in jail.From her statement under section 164 Cr.P.C. it appears that she was consenting party and she has admitted her marriage with applicant. The applicant is in jail since 15.10.2019 and has no criminal history to his credit.
Per contra learned counsel for the informant and learned A.G.A have opposed the prayer for bail on the ground that as per school record the age of the victim is seventeen years and victim is minor, therefore there is no justification for enlargement of the applicant on bail. It is submitted that victim has been given custody of her parents by order dated 14.10.2019 by the Judicial Magistrate, Muzaffarnagar.
After considering the rival submissions this court finds that as per medical report victim is aged about 18-19 years. Given margin of one year on the higher side she can be considered to be major. However there is difference of age in her educational certificate. The Apex Court in the case of Suhani & another vs. State of U.P. & others, 2018 LawSuit (SC) 1364 has accepted that medical report is more reliable as compared to the educational certificate. Even otherwise the question of genuineness of the high school certificate and the medical certificate shall be examined by the trial court during the trial.
Considering the larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant -Shubham, be released on bail in Case Crime No. 82 of 2019, under Sections- 363, 376 IPC and Section 3/4 POCSO Act, Police Station- Fugana, District- Muzaffarnagar, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 17.12.2019 Atul kr. sri.