Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14727 of 2021 Applicant :- Dev @ Kishan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ainul Haq Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record. None has appeared on behalf of first informant despite service of notice.
The present bail application has been filed by the applicant involved in Case Crime No.11 of 2019, under Sections 363, 366, 328, 342, 376D IPC & 5g/6 of POCSO Act, P.S. Debai, District Bulandshahr with the prayer to enlarge him on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. Alleged incident has been shown of 27.12.2018 but FIR has been lodged on 6.01.2019. Learned counsel has referred the statement of victim girl, recorded under Section 161 Cr.P.C., wherein, she has stated that co-accused Rupesh has taken her away on motorcycle and, thereafter, he has left her with applicant, who has kept her confined for several days and he took her to a temple and put a Jaimala around her neck. It has also been pointed out that she has stated that applicant has not done any bad act with her. Learned counsel has submitted that in her statement, recorded under Section 164 Cr.P.C., victim girl has developed another version that applicant and co-accused Rupesh have committed gang-rape upon her. It was pointed out that she has also stated that after the incident, she was taken to a temple, wherein, applicant has put a Jaimala around her neck and thereby solemnized marriage with victim girl, and thus, it cannot be believed that victim might have been subjected to gang-rape by the applicant and that even otherwise, the allegations of kidnapping of victim girl is against accused Rupesh. The age of victim girl is 15-16 years but she was a consenting party and she wanted to marry with applicant. It was further submitted that applicant is languishing in jail since 11.12.2019 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail and argued that victim is a minor girl, aged 15-16 years, and in her statement, recorded under Section 164 Cr.P.C., she has clearly stated that applicant and co-accused Rupesh have committed gang-rape upon her.
Considering the submissions of learned counsel for the parties, nature of accusations, gravity of offence and all attending facts and circumstances of the case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Dev @ Kishan is hereby rejected.
Order Date :- 6.10.2021 Neeraj