Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22579 of 2021 Applicant :- Amit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Roshan Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Despite service of notice, none present on behalf of the informant.
Present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 20 of 2010, under Sections 363, 376-DA, 506 IPC and Section 3/4(2) POCSO Act, P.S. Dhaulana, District Hapur.
Heard Shri Roshan Kumar Singh, learned counsel for the applicant as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is further submitted that no prima facie case is made out against the applicant. Present F.I.R. was lodged on 15.02.2021 whereas offence is said to have been committed on 29.11.2020. It is further submitted that applicant was falsely implicated in this matter due to village rivalry. Referring to the statement of the victim recorded under Sections 161 & 164 Cr.P.C., it is further submitted that victim herself has stated that she was in love and affair with co-accused Vishal. Nothing is on record to support the prosecution case regarding the indecent photographs/video said to have been prepared on the part of the accused person. It is further submitted that F.I.R. was lodged belatedly without plausible explanation regarding delay. Medical evidence does not support the oral version. The applicant has no criminal history. He is languishing in jail since 19.02.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail and submitted that victim is minor aged about fifteen years and six months. She was forcefully taken away by the applicant and other co-accused and offence of gang rape was committed upon her. Applicant and other co-accused have also extended threat to her and due to this reason, she did not disclose the real facts to her parent. When informant was trying to arrange the marriage of the victim with another person, accused person went there and extended threat to that person showing the indecent photographs/video of the victim. Thus, referring to the aforesaid facts, it is further submitted that a prima facie case is made out against the applicant. Delay in lodging the F.I.R. is immaterial and same have been properly explained.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Sections 161 & 164 CrPC and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application is liable to be rejected and the same is accordingly rejected.
Order Date :- 22.9.2021 Sanjeet Digitally signed by OM PRAKASH Date: 2021.09.23 14:52:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad