On a bail application in a case involving IPC and POCSO Section 3/4 charges, the High Court granted bail, observing that prima facie the prosecutrix is a major based on medical estimation and the accused statement is exculpatory.
The applicant be released on bail on executing a personal bond and furnishing two sureties each on specific conditions.
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2388 of 2019
Applicant :- Tejpal @ Tejram @ Teja Opposite Party :- State Of U.P. Counsel for Applicant :- Nagendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Tejpal @ Tejram @ Teja in connection with Case Crime No. 293 of 2016 under Section 363, 366, 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Dhanari, District Sambhal.
Heard Sri Nagendra Kumar Singh, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA along with Sri Awaneesh Shukla, learned counsel appearing on behalf of the State.
The submission of learned counsel for the applicant is that going by the medico legal estimation of the prosecutrix's age certified by the Chief Medical Officer vide his certificate dated 21.09.2017, the prosecutrix, on the basis of an ossification test, has been opined to be aged about 18 years. He submits that going by the aforesaid medically estimated age, the prosecutrix is clearly a major, and, therefore, the provisions of POCSO Act would not be attracted. Learned counsel for the applicant has invited the attention of the Court to the statement under Section 164 Cr.P.C. that is wholesomely exculpatory, and does not show, in the submission of learned counsel for the applicant, any kind of offence whatsoever committed by the applicant. The prosecutrix has claimed that she has married the applicant and is living with him as man and wife.
Learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, in particular, the fact that prima facie, the prosecutrix is a major, and, the statement under Section 164 Cr.P.C. is wholesomely exculpatory, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Tejpal @ Tejram @ Teja involved in Case Crime No. 293 of 2016 under Section 363, 366, 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Dhanari, District Sambhal be released on bail on executing a 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence lead unaffected by anything said in this order.
Order Date :- 18.1.2019
Deepak
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving offences under Section 363, 366, 376 IPC and POCSO Act.
Whether the prosecution is entitled to bail given the prima facie age of prosecutrix being a major.
Tejpal @ Tejram @ Teja
Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
