Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51533 of 2021 Applicant :- Arjun Gaud Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Despite service of notice, none is present on behalf of the complainant.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
By means of this application, the applicant who is involved in case crime no. 115 of 2021, under Sections 376(3), 506, 507 I.P.C., section 5/6 POCSO Act and section 3(2)5 SC/ST Act, P.S. Sonauli, district-Maharajganj and is in jail since 27.7.2021, is seeking enlargement on bail during the trial.
The first information report was lodged by the complainant about the rape of her minor daughter, aged about 15 years against the present accused. It was alleged in the FIR that the present accused had established physical relations with the daughter of the complainant after terrorizing her. It was also alleged that the alleged victim is two months' pregnant and the present accused threatened her to kill her father and brother, if she narrates the story to anyone.
Learned counsel for the applicant submits the alleged victim was in love with the applicant and she has established physical relations with the applicant on her own sweet will. She is two months' pregnant and she wanted to live with the applicant, which is evident from her statement recorded under Section 164 Cr.P.C. (Annexure-3). He lastly submits that the applicant has no criminal antecedents to his credit and he is in jail since 27.7.2021, is entitled to be enlarged on bail during pendency of the trial.
Per contra learned AGA has opposed the prayer for bail and submitted that the alleged victim is minor and she is pregnant. As per radiological examination the alleged victim is aged about fifteen years and her consent is immaterial, hence the applicant's prayer for bail is liable to he rejected at this stage.
After having heard the rival submissions advanced by learned counsel for the applicant and learned A.G.A. for the State, this Court does not find it proper to release the applicant on bail. The bail application is accordingly rejected.
Order Date :- 22.12.2021 Faridul