Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23186 of 2021 Applicant :- Dinesh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State. The applicant seeks bail in Case crime No.865 of 2019, under Sections 363, 376 IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station- Shikohabad, District Firozabad.
Learned counsel for the applicant has argued that the applicant is an innocent person and has been falsely implicated by the informant (mother of the victim) in the above case crime number only on the basis of second statement of the informant recorded by the Investigating Officer u/s 161 Cr.P.C. He further added that the circumstances of the case points out that the applicant has got nothing to do with the offence in question. He incidentally came across the victim and tried to restore to her parents and except that, whatever allegations have been levelled are against the person with whom the victim has travel from home and the victim was not recovered from the applicant. He submits that in case, applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 24.02.2020.
The learned A.G.A. has vehemently opposed the prayer of the applicant. He engaged attention of this Court to the statement recorded under Section 164 Cr.P.C., wherein, the entire story has been narrated by the victim against the applicant. Victim is minor and aged about 14 years, however, in the medical report, her age was assessed to be 16 years.
After hearing the submissions raised by learned counsel for the applicant and the reply by the learned A.G.A. and upon perusal of the various documents annexed with the present bail application and also looking to the allegations made in the FIR, and considering the gravity of the offence, but not expressing anything on merit, no good ground is made out for bail.
Accordingly, this bail application is rejected at this stage.
The observation so made in the body of this order shall not prejudice proceeding of the trial court while deciding the case on merit.
Order Date :- 26.10.2021 Raj Digitally signed by ARVIND KUMAR MISHRA Date: 2021.10.30 14:36:26 IST Reason: Document Owner Location: High Court of Judicature at Allahabad