Heard Sri Tripurari Pal holding brief of Sri S.K. Tiwari, learned counsel for the applicant, Sri Raj Kumar Gupta, learned brief-holder for the State and perused the material on record. Sri Phool Chandra, learned counsel for the first informant is not present even when the matter has been taken up in the revised list.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Dishu @ Manish seeking enlargement on bail involved in Case Crime No.118 of 2019, u/s 363, 376 I.P.C. and 3/4 POCSO Act, registered at Police Station Didoli, District Amroha (J.P. Nagar).
Learned counsel for the applicant argued that the applicant has been falsely implicated i the present case. The victim had travelled with the applicant to various places without any resistance whatsoever and was in the company of the applicant and as such was a consenting party. The medical evidence does not corroborate with the prosecution evidence as in the supplementary medical report, the doctor has opined that no definite opinion can be given about sexual activity. It is further argued that even the doctor did not find any bodily injury or any other injury to any internal part of her body and as such any force on her is ruled out. It has also been pointed out that the applicant is not having any criminal history as stated in para no.19 of the affidavit and is in jail since 22.5.2019.
Per contra learned A.G.A vehemently opposed the prayer for bail and argued that as per the certificate of the Chief Medical Officer annexed on page 33 of the affidavit, the age of the victim opined about 15 years and as such she was minor on the date of occurrence and consent of a minor is of no worth. There is allegation against the applicant detaining the victim and committing rape on her. It is further argued that the applicant is named in the first information report and as such his implication cannot be ruled out.
Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal, J.) Order Date :- 4.2.2021 Gaurav