Second bail application allowed for accused charged under IPC and POCSO. Court quashed lower dismissal and ordered release on sureties despite exculpatory statement existing.
Released on bail on personal bond and two sureties complying with eight conditions including non-tampering and non-harassment.
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Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41714 of 2018
Applicant :- Veeran Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Rahul Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a second application for bail on behalf of Veeran Yadav in Case Crime No.59 of 2018 under Sections 363, 366, 376, IPC, and Section 3/4 POCSO Act, Police Station Dhata, District Fatehpur. The first application for bail was dismissed for nonprosecution vide order dated 1.10.2018. As such the present second bail application for all practical purposes is heard as the first application.
Heard Sri Rahul Pandey, learned counsel for the applicant and Sri Sudhir Kumar Pathak, learned AGA appearing on behalf of the State.
The submission of the learned counsel for the applicant is that he has been falsely implicated in the present crime. The prosecutrix, going by her medico legal estimation of age certified by the Chief Medical Officer, Fatehpur is aged about 16 years. He submits that giving the usual allowance of two years, the prosecutrix was reckoned to be a major. It is further submitted that the issue of age apart, the statement of the prosecutrix under Section 164 Cr.P.C., shows that though the applicant and the prosecutrix are in love, no physical relationship has ever been established between them and he has not done anything wrong by which she seems to mean that there is no physical intimacy between the two. It is stated there by the prosecutrix that she stayed with the mother of the applicant.
The submission, on the foot of this statement, by the learned counsel for the applicant is that the statement aforesaid is out rightly exculpatory and that no offence can be said to be made out against the applicant.
Learned AGA has opposed the prayer for bail but does not deny the fact that the statement under Section 164 Cr.P.C., is exculpatory.
Considering the overall facts and circumstances of the case, the gravity of offence, the nature of allegation, the severity of punishment, and, in particular, the statement under Section 164 Cr.P.C., which is 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 Veeran Yadav in Case Crime No.59 of 2018 under Sections 363, 366, 376, IPC, and Section 3/4 POCSO Act, Police Station Dhata, District Fatehpur 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 :- 12.11.2018 NSC
Veeran Yadav
State Of U.P.
J.J. Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
