Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3886 of 2019 Applicant :- Ashok Opposite Party :- State Of U.P.
Counsel for Applicant :- Pavan Kumar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
By way of the instant application, the applicant seeks bail in Case Crime No.1441 of 2018 under Sections 363, 376, 504 I.P.C. and 3/4 Protection of Children from Sexual Offence Act, 2012, Police Station Baradari, District Bareilly.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The entire evidence supports the case of the applicant. The victim has supported the case of the applicant. She has explicitly stated in her statement that she of her own free will accompanied the applicant and married with him. As per medical examination report, the victim is major. The medical examination board consisting of five doctors opined that the victim is aged about 19 years. To say that the victim was minor at the time of the incident is absolutely incorrect and baseless. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 06.11.2018.
Per contra, learned A.G.A. has submitted that in this case, vital point that arises for consideration is the date of birth of the victim which as per record is 29.07.2003, that being the position, the victim will be minor at this stage and medical examination report would not come to the rescue of the applicant because the aforesaid proof of the date of birth cannot be doubted. The consent of minor under the law is no concept in the eye of law. The applicant has committed offence under the POCSO Act besides committing the offence under various Sections of I.P.C.
Considered the rival submissions and perused the material brought on record. No good ground is made out for bail.
Accordingly, the instant bail application is rejected, at this stage.
It is made clear that observation made in this order shall not be construed to have any reflection on merit of the case.
Order Date :- 29.1.2019 rkg