Allowed

Monu Alias Bhudev v. State of U.P.

Allahabad HC17 Nov 2018BAIL/43788/2018

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application where the applicant was arrested in a case involving IPC sections and POCSO. The court allowed bail, noting prima facie the prosecutrix appears to be a major based on medical certification and exculpatory statements.

What did the court decide?

Application to release Applicant on bail on executing personal bond and furnishing two sureties with specific conditions.

Monu Alias Bhudev Vs State of U.P. — Allahabad HC (2018) — LawSathi Research

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Court No. - 53

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43788 of 2018

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Applicant :- Monu Alias Bhudev Opposite Party :- State Of U.P. Counsel for Applicant :- Suresh Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble J.J. Munir,J.

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This is an application for bail on behalf of the applicant Monu alias Bhudev in Case Crime No.372 of 2018, under Sections 363, 366 368, 376 IPC, and Section 3/4 of POCSO Act, Police Station Afjalgarh, District Bijnor.

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Heard Sri Suresh Pratap Singh, learned counsel for the applicant and Sri M.P. Singh Gaur, learned AGA along with Sri Mayank Awasthi, learned counsel appearing on behalf of the State.

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The submission of the learned counsel for the applicant is that going by the medico legal estimation of her age, based on an ossification test, she has been certified by the Chief Medical Officer, Bijnor vide his certificate dated 3.10.2018, to be aged about 19 years. It is submitted, therefore, that she is clearly a major and the provisions of the POCSO Act are not attracted. Learned counsel for the applicant has invited the attention of the Court to the statement of the prosecutrix recorded under Section 164 Cr.P.C., where she has stated that she fled home on account of the decision of her parents about marrying her off to a married man and she not only fled home, but eloped with one Bindu @ Pintu on 11.09.2018, going away to Dehradun. It is also said that on 15.9.2018, Bindu

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@ Pintu and the prosecutrix entered into a Court marriage and stayed at Dehradun, in the applicant's village. They stayed for two days at the house of the applicant, living there as man and wife. It is submitted that there is no allegation of rape, so far as the applicant is concerned, and, so far as the main accused Bindu @ Pintu is concerned, he too has been exculpated by the prosecutrix in her statement under Section 164 Cr.P.C. As such, there is no justification to keep the applicant in continued detention.

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Learned AGA has opposed the prayer for bail.

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Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of the allegations, the severity of punishment, the evidence appearing in the case and, in particular, the fact that prima facie the prosecutrix is 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.

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The bail application, accordingly, stands allowed .

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Let the applicant Monu alias Bhudev in Case Crime No.372 of 2018, under Sections 363, 366 368, 376 IPC, and Section 3/4 of POCSO Act, Police Station Afjalgarh, District Bijnor 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:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

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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.

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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.

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Order Date :- 17.11.2018 NSC

Monu Alias Bhudev v. State of U.P.

Case brief

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Monu Alias Bhudev v. State of U.P.

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