Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37851 of 2021 Applicant :- Bheem Opposite Party :- State Of U.P And 2 Others Counsel for Applicant :- Deepak Kumar Singh,Ali Hasan Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
By means of this application, the applicant who is involved in case crime no. 635 of 2020, under Sections 328, 363, 376 I.P.C. and section 3/4 POCSO Act, P.S. Partapur, district-Meerut, is seeking enlargement on bail during the trial.
The first information report was lodged by the complainant about disappearance of his minor daughter, aged about eleven years on 29.9.2020 at about 8:00 p.m. and it was alleged in the FIR that she was enticed away by named accused Ankit.
As per prosecution case the applicant was not named in the first information report. His name as an accused in the present case surfaced during investigation in the statement of alleged victim recorded under Section 164 Cr.P.C., in which she has stated that she met with the present accused and the present accused carried her to his house, where the accused has committed rape with her and made her obscene video.
Learned counsel for the applicant submits that neither the applicant was named in the FIR nor he has committed any offence. He is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He lastly submits that the applicant, who is in jail since 3.10.2020 and has no criminal antecedents to his credit, is entitled to be enlarged on bail during pendency of the trial.
Per contra, Sri H.P. Gupta, learned AGA has opposed the prayer for bail and submitted that the alleged victim was minor on the date of occurrence and she has fully supported the proseuciton case in her statement recorded under section 164 Cr.P.C., copy whereof has been filed as annexure-4 and in view of the above, the applicant's prayer for bail is liable to be rejected at this stage.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record, this Court is not inclined to enlarge the applicant on bail at this stage of trial.
Order Date :- 21.12.2021 Faridul Digitally signed by Justice Ajit Singh Date: 2022.01.03 11:33:55 IST Reason: Document Owner Location: High Court of Judicature at Allahabad