Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3202 of 2021 Applicant :- Bheem Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Singh,Upendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Despite service of notice none appeared for the informant.
Heard Sri Rajesh Kumar Singh, learned counsel appearing for the applicant and learned A.G.A.
This bail application has been filed by the applicant to enlarge him on bail in case crime no. 164 of 2020, under Sections 363, 366, 376, 323, 504, 506 IPC and under Section 3/4 POCSO Act, Police Station Vishunpura, district Kushinagar.
Learned counsel for the applicant submits that the applicant is innocent and has not committed the present offence. It is further argued that no prima facie case is made out against the applicant. In fact one FIR has been lodged on behalf of the applicant's side against the informant of the present matter. Due to this reason present FIR was lodged only to put pressure and save the skin. At this juncture learned counsel for the applicant referred to annexure no. 5 to substantiate the aforesaid argument and further argued that the age of the victim in the medical evidence is found as 17 years. Incident is said to have taken place on 08.07.2020 whereas FIR was lodged on 26.07.2020. Learned counsel for the applicant referred to the statement of the victim recorded under Section 161 and 164 Cr.P.C. and further argued that she herself has admitted that she went to the house of the applicant and told that she will live with him. Referring to the aforesaid fact, it was further argued that if the victim had gone at her own freewill to the house of the applicant, offences levelled in the present matter will not attract. Thus, it is argued that applicant is in jail since 18.10.2020 having no criminal history.
Learned A.G.A. argued that victim has supported the prosecution case in the statement under Section 164 Cr.P.C. she was found to be aged about 17 years. Consent of the victim cannot be taken as valid consent. Offence was committed by the applicant enticing away the girl. Application under Section 156 (3) Cr.P.C. had been moved on 23.07.2020 itself. Thus, referring to the entire evidence it was further argued that a prima facie case is made out.
Having considered the rival submissions, going through the entire record and also taking into consideration the contents of the FIR as well as statement of the victim recorded under Section 164 Cr.P.C., the court is of the opinion that applicant has not made out a case for bail.
Bail Application is hereby rejected.
Order Date :- 27.9.2021 Sachdeva