Court No. - 7
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 16 of 2019 Applicant :- Smt. Sushila Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shashi Ranjan Srivastava,Subhash Chand Kanaujia Counsel for Opposite Party :- G.A.,Vinay Saran
Hon'ble J.J. Munir,J.
In compliance with the orders of this Court dated 26.2.2019, the report of the Medical Board comprising three doctors including the Chief Medical Officer, Prayagraj dated 27.2.2019 has been placed before the Court by Sri Indrajeet Singh Yadav, learned AGA. A perusal of the said report shows that the prosecutrix, on the basis of an ossification test and evaluation of dental status, has been opined to be about 18 years old. Putting the clock back to the date of occurrence also, she would be medically estimated to be 17 and half years, and with the usual margin of two years in the medical assessment of age, she would reckon to be a major. The report of the Medical Board dated 27.2.2019 is accepted and made part of it. A certified copy of the report dated 27.2.2019 may be issued to both parties.
This is a bail cancellation application made on behalf of the first informant, who is the stepmother of the prosecutrix. The cancellation of bail was primarily sought on the ground that the prosecutrix is a minor and, therefore, bail granted vide order dated 12.12.2018 may be cancelled.
Looking to the age of the prosecutrix that has now been verified on a medico legal examination of her's and all the other relevant facts, circumstances and evidence on record, detailed in the order dated 12.12.2018, this Court does not think that any case is made out to exercise powers under Section 439 (2) Cr.P.C. Let the prosecutrix be sent back to the Nari Niketan, Ballia from where she was summoned.
The bail cancellation application, accordingly, stands rejected.
It is made clear that the prosecutrix or any one on her behalf would be free to pursue such appropriate remedy to restore her to her liberty, as may be advised.
Order Date :- 28.2.2019 NSC