Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47208 of 2018 Applicant :- Vikky Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Vikky in connection with Case Crime No. 329 of 2018 under Section 363, 366, 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Chaubeypur, District Varanasi.
Heard Sri Ramesh Kumar Singh, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA along with Sri Abhinav Tripathi, learned counsel appearing on behalf of the State.
The submission of learned counsel for the applicant is that going by the medico legal estimation of the prosecutrix's age, certified by the Chief Medical Officer, Varanasi vide age certificate dated 16.07.2018 based on ossification test, has been opined to be about 16 and a half years to 17 and a half years, and, giving the usual allowance to the benefit to the accused or even six months, the prosecutrix would reckon to be a major. The submission is that going by the aforesaid medico legal estimation of age, the prosecutrix is clearly a major, and, therefore, provisions of POCSO Act would not be attracted. The learned counsel for the applicant has drawn the attention of the Court to the statement of the prosecutrix under Section 164 Cr.P.C. that is clearly exculpatory, and, says that she went along with the applicant of her free will to Sarnath and stayed there with him in a room. It is said that she is in love with the applicant and married him on 20.06.2018. It is further said that she wants to stay with the applicant. The submission of learned counsel for the applicant is that going by the aforesaid statement of the prosecutrix, no case against the applicant is made out.
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 ,prima facie, the prosecutrix is a major, and, the fact that the statement under Section 164 Cr.P.C., where 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 Vikky involved in Case Crime No. 329 of 2018 under Section 363, 366, 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Chaubeypur, District Varanasi 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 :- 21.12.2018 Deepak