Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30076 of 2020 Applicant :- Deepak Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Partap Singh Counsel for Opposite Party :- G.A.,Sharad Kumar
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Deepak Shukla has prayed to release him on bail in Case Crime No. 306 of 2020, u/s 376, 452, 506 I.P.C. and Section 3/4 POCSO Act, Police Station Chaubeypur, District Varanasi.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Applicant is in jail since 22.6.2020 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Applicant is of no criminal antecedents. Prosecutrix in her medical age determination has been held to be of 17-1/2 to 18- 1/2 years. She was major and she was under chat with the applicant for which chat details have been filed. Upon her initiation, applicant was at her house on the alleged date of occurrence where he was apprehended and was assaulted by informant and his family members thereafter this false case was got registered. It was a consensual act. Hence bail has been prayed for during trial.
Learned counsel for the informant as well as learned AGA has vehemently opposed the bail application with this contention that it was an instant report and information to Dial 112 was made wherein police had rushed at spot from where applicant was apprehended. It was a rape with a minor girl of 16 years of age and as per school record date of birth of prosecutrix is 2.2.2004. The same is with certificate of date of birth issued by Nityanand Hospital, Sarnath, Varanasi wherein time and date of birth is mentioned. Prosecutrix was minor i.e. of 16 years of age. She in her statement under Sections 161 & 164 Cr.P.C. has categorically said about offence of rape committed by the accused-applicant by criminal tress pass in the night in her house. Offence is very heinous. There is every likelihood of fleeing from course of justice or tempering with the evidence in case of release of bail.
Having heard and gone through the material placed on record, it is apparent that instant report was got lodged. Admittedly, applicant was apprehended from the spot. It was a case of criminal trespass in the house of informant in the night and offence of rape has been said by the prosecutrix in her statement recorded under Section 161 & 164 Cr.P.C. Chat material placed on record by the applicant is explained by the prosecutrix in her statement that there was acquaintance with the applicant and the alleged affair was one sided by the applicant.
Considering all those facts and circumstances, heinousness of offence, but without commenting on merits of the case, no case for bail is made out.
The bail application is, accordingly, rejected. Order Date :- 6.1.2021 Ravi Prakash