Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22556 of 2021 Applicant :- Durga Prasad Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Shukla,Mahendra Prasad Tripathi Counsel for Opposite Party :- G.A.,Manoj Kumar Singh,Swatantra Singh
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime no. 186 of 2020, under Sections 376, 323, 504 and 506 IPC and Section 5J(ii)/6 POCSO Act, P.S. Machchli Shahar, District Jaunpur with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has not committed any offence. Learned counsel has referred the statement of victim girl, recorded under Section 161 and 164 Cr.P.C. and submitted that there are contradictions in her statement. It was stated by the victim girl in her statement, recorded under Section 161 Cr.P.C and 164 Cr.P.C. that applicant has committed rape upon her for several times but at that time no FIR was lodged. It was stated that as per ossification test, the age of victim is 18 years and thus, she is a major girl. Even as per her high school certificate, her date of birth is 07.07.2003. Learned counsel submitted that the allegations of rape made against the applicant are thoroughly false and baseless and now the applicant is languishing in jail since 22.09.2020 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. and learned counsel for the first informant have opposed the prayer for bail and argued that that date of birth of victim girl dated 07.07.2003 and that alleged incidents of rape have taken place several months before lodging of FIR on 19.09.2020 and thus, at the time of alleged incident victim was a minor girl. It has been submitted that applicant is cousin of victim and that by committing rape he has impregnated her and thus, he has ruined her future.
Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Durga Prasad Maurya is hereby rejected.
Order Date :- 25.10.2021 A. Tripathi Digitally signed by RAJBEER SINGH Date: 2021.10.26 17:25:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad