Criminal Court allowed the bail application of Vipin Mishra, accused under POCSO and IPC sections. The Court noted the prosecutrix was prima facie a major and her statement was exculpatory though it did not express a final opinion on merits.
Release on personal bond and two sureties with conditions against tampering, threatening witnesses, and fleeing.
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Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43066 of 2018
Applicant :- Vipin Mishra Opposite Party :- State Of U.P. Counsel for Applicant :- Akhilesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of Vipin Mishra, in Case Crime No.48 of 2018, under Sections 363, 366, 376 and 120B IPC, and Section 5/6 POCSO Act, Police Station Badlapur, District Jaunpur.
Heard Sri Akhilesh Kumar Dubay, learned counsel for the applicant and Sri D.P.S. Chauhan, learned AGA appearing on behalf of the State.
The submission of the learned counsel for the applicant is that he has been falsely implicated by the father's brother of the prosecutrix through an FIR belated by eight days on a patently groundless allegations. Learned counsel for the applicant has invited the attention of the Court to the medico legal estimation of age that is on record, in the form of a certificate from the Chief Medical Officer, Jaunpur, based on an ossification test that opined the prosecutrix to be aged about 19 years. He submits that the prosecutrix is clearly a major. He has further invited the attention of the Court to the statement of the prosecutrix under Section 164 Cr.P.C., where the prosecutrix has taken a clear stand that she was not enticed or taken away by blandishment, but accompanied the applicant, whom she is residing with her free will, and, lateron, went to Delhi herself and called the applicant there. Both of them lived in a rented room. It has also been stated by the prosecutrix that on 25.2.2018, the parties have married in a temple, and, that now,
they are man and wife. It is further argued that the applicant is a respectable person with no criminal history, who is in jail since 15.4.2018.
Learned AGA has opposed the prayer for bail but does not dispute the fact that on the medico legal estimation the prosecutrix is prima facie a major and the statement under Section 164 Cr.P.C., prima facie is exculpatory.
Considering the facts and circumstances of the case, the gravity of the offence, the nature of allegations, the severity of punishment, in particular, the fact that the prosecutrix is prima facie a major and the statement under Section 164 Cr.P.C., 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 Vipin Mishra, in Case Crime No.48 of 2018, under Sections 363, 366, 376 and 120B IPC, and Section 5/6 POCSO Act, Police Station Badlapur, District Jaunpur 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 :- 14.11.2018 NSC
1 issue framed by the court
Whether the applicant, accused under POCSO and IPC sections relating to abduction and sexual assault, is entitled to bail.
2 provisions across 2 enactments
Vipin Mishra
J.J. Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
