Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42359 of 2018 Applicant :- Vinod Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Singh,Virendra Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Vakalatnama has been filed on behalf of the complainant by Sri Manoj Kumar Tripathi, Advocate, is taken on record.
In compliance with this Court's order dated 02.11.2018, the Chief Medical Officer, Hapur constituted a medical board whose report has been forwarded to this Court in a sealed cover through the Chief Judicial Magistrate, Hapur that has been opened in Court under our orders. It is exhibited, and, made part of the record.
A perusal of the medical report signed by all the members of the medical board and the Chief Medical Officer, Hapur shows that on the basis of an ossification test and other scientific methods employed, the prosecutrix has been medically estimated to be aged about 17 years.
This is a bail application on behalf of the applicant Vinod Kumar in connection with Case Crime No. 277 of 2018 under Section 363, 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Babugarh, District Hapur.
Heard Sri Ashok Kumar Singh, learned counsel for the applicant, Sri Manoj Kumar Tripathi, learned counsel appearing on behalf of the complainant and Sri J.B. Singh, learned AGA along with Sri Awaneesh Shukla, learned counsel appearing on behalf of the State.
The submission of learned counsel for the applicant is that giving the usual allowance of two years in the medically estimated age or even one, the prosecutrix would reckon to be a major. Learned counsel for the applicant has further invited the attention of this Court to the statement of the prosecutrix under Section 164 Cr.P.C. recorded on 10.07.2018 that is wholesomely exculpatory, and, indicates that the prosecutrix went along with the applicant of her free will and married him, and went around different stations and stayed with him. She came back Hapur, and, while the two were watching a movie, the couple were apprehended. The prosecutrix has said in the closing part of her statement that she wants to go back to her parents but clearly also has said that she does not want to prosecute the applicant. It is contended by the learned counsel for the applicant that it is not the issue what the prosecutrix wants but whatever she has said in the statement under Section 164 Cr.P.C. clearly indicates consent to a marriage with the applicant, and, the medico legal report, prima facie, shows that the prosecutrix is of the competent age to marry.
The learned AGA and the learned counsel appearing on behalf of the complainant have vehemently 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 statement under Section 164 Cr.P.C. is wholesomely 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 Vinod Kumar involved in Case Crime No. 277 of 2018 under Section 363, 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Babugarh, District Hapur 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 :- 30.11.2018 Deepak