This court allowed bail to the applicant in a rape and POCSO case where the prosecutrix gave an exculpatory statement denying the occurrence of the crime before the Magistrate.
Applicant released on bail upon executing personal bond and furnishing two sureties each.
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1368 of 2019
Applicant :- Tottarpal Urf Sanjay Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Johri Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Tottarpal Urf Sanjay, in Case Crime No. 352 of 2018 under Sections 376, 506 IPC, and Section 3/4 POCSO Act, Police Station Barkheda, District Pilibhit.
Heard Sri P.S. Pandey, holding brief of Sri Kuldeep Johri, learned counsel for the applicant, Sri M.P. Singh Gaur, learned AGA along with Sri Abhinav Tripathi, learned counsel appearing on behalf of the State.
The submission of learned counsel for the applicant is that though he is nominated in the FIR lodged by the father of the prosecutrix with an allegation of rape, which finds echo in the statement of the prosecutrix recorded by the police under Section 161 Cr.P.C., but the prosecutrix in her statement under Section 164 Cr.P.C., has spoken exculpatory in wholesome terms. She has categorically denied the occurrence and said that no occurrence of the kind ever took place. The applicant never did anything objectionable or did he ever threaten her. She had gone on to say that the FIR had not been lodged by her father at all but falsely shown to be signed by him. She has said that the FIR though shown to be lodged in the name of her father, has been lodged by her uncle ( Mausa ) under his
forged signatures. She has said that she was beaten by her uncle ( Mausa ), on account of which she made a statement inculpatory to the police under fear. Learned counsel for the applicant submits that looking to the statement of the prosecutrix made on oath before the Magistrate under Section 164 Cr.P.C., the bottom of the prosecution is knocked off.
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 allegations, the severity of punishment, and, in particular, the fact that the the prosecutrix has spoken exculpatory in wholesome terms in her statement under Section 164 Cr.P.C., 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 Tottarpal Urf Sanjay, in Case Crime No. 352 of 2018 under Sections 376, 506 IPC, and Section 3/4 POCSO Act, Police Station Barkheda, District Pilibhit 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 :- 10.1.2019
NSC
1 issue framed by the court
Whether bail should be granted in a case involving offences under sections 376 and POCSO Act given exculpatory statement by the prosecutrix.
Tottarpal Urf Sanjay
State Of U.P.
J.J. Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
