Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5889 of 2021 Applicant :- Anil Kumar @ Pramod Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Srivastava,Manav Chaurasia Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Despite service of notice, none present on behalf of the informant.
Heard Sri P.K. Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This bail application has been moved on behalf of applicant Anil Kumar @ Pramod involved in case crime no.927 of 2019 under Sections 363, 366-A, 376 IPC and 3/4 POCSO Act, Police Station Handia, District Prayagraj.
Learned counsel appearing for the applicant submitted that the applicant is innocent and has not committed any offence. He has been falsely implicated in this case. No prima facie case is made out against the applicant. Initially, F.I.R. was lodged by the father of the victim for the offence under section 363 IPC. Victim was recovered on 22.12.2019. Her statement was recorded under section 161 Cr.P.C. wherein no specific word was uttered by her to attract the offence punishable under section 376 IPC. It is further argued that victim is aged about 16 - 18 years as is clear from the medical evidence. She had changed her version at the stage of recording of the statement under section 164 Cr.P.C. and she clearly levelled the allegation of committing rape upon her. It is further submitted that victim had gone with the applicant out of her own free will and stayed with him for many days, but no complaint was made at that moment. Applicant is languishing in jail since 10.1.2020. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and argued that victim is minor. She has clearly supported the prosecution version in her statement recorded under section 164 Cr.P.C. At this stage, learned A.G.A. has also referred to the statement of the victim recorded under section 164 Cr.P.C. and further submitted that in this statement also she has levelled the allegation of rape upon her by the applicant. Thus, referring to the entire evidence, prayer for rejection of bail has been made.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature and gravity of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of the victim recorded under section 164 Cr.P.C., the medical evidence, 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 rejected.
Order Date :- 19.8.2021 ss