Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33204 of 2019 Applicant :- Ajay Kumar Srivastava Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Pratap Singh,Lal Mani Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri L.M. Singh, learned counsel for the applicant as well as learned A.G.A. for the State and perused averments made in the first information report and rejection order.
Submission of the learned counsel for the applicant is that the F.I.R. was lodged by the prosecutrix herself in which no allegation of rape was made and she has merely stated that the applicant outraged her modesty. During investigation, she changed her version in the statement under Section 164 Cr.P.C. wherein she has disclosed her age to be 14 years and has levelled the allegation of rape against the applicant. It is further pointed out that Section 376 I.P.C. was added subsequently when the applicant's arrest was stayed by this Court in Criminal Misc. Writ Petition No. 35695 of 2018 by the order dated 10.12.2018.
Per contra, learned A.G.A. has pointed out that much prior to the aforesaid order passed by the Court the victim aged about 14 years has already stated about commission of rape on her.
In view of Section 22 of Criminal Law (Amendment) Act, 2018 which puts a complete embargo in grant of bail for the offences under Sub-Section 3 of Section 376AB, 376DA of Indian Penal Code and considering the age of the victim to be 14 years, without expressing any opinion on the merits of the case, I find no good ground for grant of bail to the applicant- Ajay Kumar Srivastava involved in Case Crime No. 95 of 2018, under Sections 354, 452, 506, 376 I.P.C. and 3/4 POCSO Act, Police Station- Haldi, District- Ballia.
Accordingly, the anticipatory bail application is rejected.
However, the applicant will be at liberty to move regular bail application under section 439 Cr.P.C., if so advised.
Order Date :- 26.8.2019 Vikas