Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31632 of 2018 Applicant :- Babu Lal Opposite Party :- State of U.P.
Counsel for Applicant :- Sarvesh Kumar Dubey,Anubhav Shukla,Ganesh Shankar Dubey,Radhey Shyam Singh,Ram Shiromani Shukla,Rudra Kant Mishra Counsel for Opposite Party :- G.A.,Raj Kumar Kesari
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State, learned Counsel for the complainant and perused the material available on record.
Accused-applicant, involved in Case Crime No.258 of 2017, under Sections 363, 370, 376-D I.P.C. & 3/4 POCSO Act, Police Station Ghorawal, District Sonbhadra, applied for bail.
Learned counsel for the applicant submits in the following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case. He has committed no offence. Entire prosecution story is false and fake.
(ii) No offence under the alleged section is made out. As per FIR, victim is aged about 14 years. Delayed FIR has been lodged without any proper explanation. Medical evidence does not support the prosecution case.
(iii) Co-accused, namely, Bablu @ Balla @ Suraj and Ram Prasad have already been granted bail by co-ordinate Benches of this Court on 24.07.2018 and 17.04.2019 in Criminal Misc. Bail Application Nos.27626 of 2018 and 34820 of 2018 respectively and the role of present applicant is similar to that of the other co-accused persons, therefore, the applicant be released on bail on the ground of parity also.
(iv) Applicant is in jail since 15.04.2018 without any credible evidence and having no criminal history. No witness has been recorded so far. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Learned A.G.A. as well as learned Counsel for the informant opposed the prayer for bail and submitted that in statement recorded under Section 164 Cr.P.C. victim levelled allegation of rape against the present applicant. Applicant is main accused who raped the minor prosecutrix and sold her to one Lallan. Case of present applicant is different from the other co-accused persons who have been granted bail, therefore, parity cannot be extended to the present applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, age of victim, statement of prosecutrix recorded under Section 164 Cr.P.C. wherein allegation of committing rape is alleged against the present applicant, evidence collected by Investigating Officer during investigation and without commenting upon the merit of the case; I see no good ground to enlarge the accused- applicant on bail.
Accordingly, bail application is rejected. Order Date :- 20.12.2021 I.A.Siddiqui