CRLA/65/2021
2022 Latest Caselaw 411 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                           COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 Bail Application No. 1 of 2021
                                 In
                                 CRLA No. 65 of 2021
                                 Shri Sanjaya Kumar Mishra, ACJ.
                                 Shri Narayan Singh Dhanik, J.

Shri Karan Anand, learned counsel for the applicant / appellant.

Shri J. S. Virk, learned Deputy Advocate General with Shri Rakesh Kumar Joshi, learned Brief Holder for the State.

Heard learned counsel for the parties. This is a bail application under Section 389 Cr.P.C. filed by the sole appellant Mohd. Shakil alias Naseem, who has been convicted and sentenced under Section 363, 366A IPC and under Section 5/6 of the POCSO Act by Special Judge, POCSO / Additional Sessions Judge, Dehradun in Special Sessions Trial No. 26 of 2018 vide judgment and order dated 20.02.2021.

It is apparent from the record that appellant was on bail during the course of trial. It is also apparent from the record that victim girl has been held to be a minor at the time of incident while admittedly, she in her statement before the court stated that she has informed her age by approximation and no document has ever been produced to show her actual date of birth.

Learned counsel for the appellant submits that alleged ossification test done in this case is not in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act.

It is also apparent from the record that victim girl has given the impression upon the appellant that she is a major. She has stated that she had love relation with the appellant and a son was born to her before the investigation. When the trial was going on, the appellant was granted bail and it is stated by the learned counsel for the appellant that another son was born to both of them, as they were living as husband and wife during that period.

Keeping in view the above consideration and the fact that appellant is a permanent resident of District Lakhimpur Kheri and there is no reasonable apprehension of his absconding, the bail application no. 1 of 2021 is allowed.

Sentence awarded by Special Judge, POCSO / Additional Sessions Judge, Dehradun in Special Sessions Trial No. 26 of 2018 vide judgment and order dated 20.02.2021 is hereby suspended. Let the appellant be released on bail, on such suitable terms and conditions, as the Special Judge, POCSO, Dehradun deems fit and proper.

Urgent certified copy of this order be supplied to the learned counsel for the parties, as per Rules.

(N.S. Dhanik, J.) (S.K. Mishra, ACJ.) 24.02.2022 SKS