This court allowed a bail application under Section 376 IPC. The court noted the prosecutrix was a major based on a medical certificate and her Section 164 statement was exculpatory, deeming it a fit case for bail.
Release of the applicant on bail upon executing a personal bond and furnishing two sureties.
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Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45958 of 2018
Applicant :- Kunwar Pratap Singh Kushwaha @ Pappu Opposite Party :- State Of U.P. Counsel for Applicant :- Vinod Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Kunwar Pratap Singh Kushwaha @ Pappu, in Case Crime No.223 of 2018, under Sections 376, 323, 506 IPC, Police Station Jhunsi, District Allahabad.
Heard Sri Vinod Kumar Ojha, learned counsel for the applicant and Sri Sudheer Kumar Pathak, learned AGA along with Sri Rajkumar Yadav, learned counsel appearing on behalf of the State.
The submission of the learned counsel for the applicant is that going by the medico legal estimation of the prosecutrix's age, which according to the certificate dated 12.4.2018, the prosecutrix has been opined to be aged above 21 years and below 25 years. She is thus, clearly a major. Learned counsel for the applicant has invited the attention of the Court to the statement of the prosecutrix under Section 164 Cr.P.C., that is exculpatory in unqualified terms.
Learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegation, the evidence appearing in the case, the severity of punishment, and, in particular, the fact that the prosecutrix is a major and the statement under Section 164 Cr.P.C., is clearly 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 Kunwar Pratap Singh Kushwaha @ Pappu, in Case Crime No.223 of 2018, under Sections 376, 323, 506 IPC, Police Station Jhunsi, District Allahabad 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 :- 3.12.2018 NSC
2 issues framed by the court
Whether the applicant is entitled to bail in a case punishable under Section 376 IPC where the prosecutrix is a major and her statement under Section 164 Cr.P.C. is exculpatory.
Whether the applicant can be released on bail subject to standard conditions in a sexual offence case involving a minor victim who has turned major.
Kunwar Pratap Singh Kushwaha @ Pappu
State Of U.P.
Munir
As recorded by the court registry
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