Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18112 of 2021 Applicant :- Amit Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Pandey Counsel for Opposite Party :- G.A.,Laxmi Kant Shukla
Hon'ble Samit Gopal,J.
Heard Sri Ajay Pandey, learned counsel for the applicant, Sri Laxmi Kant Shukla, learned counsel for the first informant, Sri V.B. Upadhyay, learned A.G.A. for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Amit Singh, seeking enlargement on bail involved in Case Crime No.887 of 2020, u/s 376D IPC and Section 5/6 POCSO Act and Section 66 of Information Technology Act, registered at Police Station Manjhanpur, District Kaushambi.
Learned counsel for the first informant was granted time on 25.6.2021 to file counter affidavit but no counter affidavit till date has been filed by him.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that no such incident whatsoever has happened. As per FIR, the alleged rape was committed upon the victim girl on 25.10.2019 but even then the present FIR has been registered on 22.11.2020 which is after about one year and one month. It is argued that the medical examination report of the victim does not corroborate with the prosecution case. The applicant is a student and doing diploma in electrical engineering from Chhattisgarh Swami Vivekanand Technical University, Bhilai and has been falsely implicated in the present case for which he has no role whatsoever. The Chief Medical Officer, Kaushambi has opined the age of the victim to be 19 years as per his certificate, copy of which is annexed as Annexure No.6 to the affidavit and as such the victim is major. There is no corroboration of the alleged allegation of rape through medical evidence. The applicant is in jail since 16.1.2021.
Per contra learned counsel for the first informant and learned A.G.A vehemently opposed the prayer for bail and argued that the matter is serious in nature. The first information report, statement of the victim recorded under Section 161 Cr.P.C. and 164 Cr.P.C. states of rape being committed upon the victim by the applicant and co-accused. The present matter is a matter of gang rape. The victim is a minor and her date of birth is 10.8.2003 as per high school certificate, copy of which is annexed as annexure no.10 to the affidavit. It is argued that there is no such delay in lodging of the FIR. The first informant and the victim remained silent after she was gang raped because of threat extended to her and her family. It was only when there was an attempt against the victim of similar nature then the present FIR has been registered, as such there is no delay in lodging of the FIR. The applicant and co-accused have committed gang rape upon the victim who was a minor and aged about 16 years at the time of incident. It is further argued that a video has also been recorded for the rape which has been stated by the victim, as such the prayer for bail be rejected.
After hearing the counsel for the parties and perusing the record, it is apparent that the applicant is named in the FIR, the statement of the victim recorded under Section 161 Cr.P.C. and 164 Cr.P.C. in which she has stated that gang rape was committed upon her, as per high school certificate the victim is minor aged about 16 years at the time of present incident.
Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal, J.) Order Date :- 27.7.2021 Gaurav