Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40823 of 2018 Applicant :- Siddhu@Siddh Gopal Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajendra Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Siddhu@Siddh Gopal, who is in jail since 08.06.2018 in connection with Case Crime No./FIR No. 117/18, S.T. No. 94 of 2018 (State vs. Siddhu @ Siddh Gopal), under Sections 363,366,376 IPC and Section 4 POCSO Act, P.S. Naraini, District Banda.
Heard Sri Rajendra Singh Chauhan, learned counsel for the applicant and Sri Sudhir Pathak, learned AGA alongwith Sri Rohit Pandey appearing for the State.
The submission of the learned counsel for the applicant is that he is innocent and has been falsely implicated. It is argued that the prosecutrix, who is a major, has eloped with him of her free will and wants to stay with him after marrying him. Learned counsel for the applicant has invited the attention of the Court to the medico legal estimation of age of the prosecutrix done by a Medical Board and authenticated by the Chief Medical Officer, Banda dated 25.06.2018 wherein the age of the prosecutrix has been estimated to be above 18 years. The learned counsel for the applicant has taken the Court through the statement of the prosecutrix under Section 164 Cr.P.C. that says in unqualified terms that she has gone alongwith the applicant of her free will and staying with the applicant for the past 13 days. She also said categorically that she does not want to stay with her parents. It is also said in the statement that the FIR has been lodged on false allegations and that the applicant has not taken away the prosecutrix by blandishments. It is submitted that her parents have threatened the applicant with death if she did not return home forthwith. Looking to the said stand of the prosecutrix, the learned counsel submits that no case whatsoever is made out against the applicant.
Learned A.G.A. has opposed the prayer for bail but does not dispute the fact that the prosecutrix, going by her medico legal estimation of age, is a major and that the statement under Section 164 Cr.P.C. is exculpatory.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing against the applicant, in particular, the medico legal evidence about age of the prosecutrix and her statement under Section 164 Cr.P.C. that is prima facie exculpatory but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Siddhu@Siddh Gopal involved in Case Crime No./FIR No. 117/18, S.T. No. 94 of 2018 (State vs. Siddhu @ Siddh Gopal), under Sections 363,366,376 IPC and Section 4 POCSO Act, P.S. Naraini, District Banda be released on bail on executing his 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 :- 26.10.2018 BKM/-