Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17839 of 2021 Applicant :- Firoz Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Shamim Khan,Prakash Chandra Srivastava,Rakesh Kumar Singh,Shashi Kant Pandey,Ziya Uddin Counsel for Opposite Party :- G.A.,Madan Kumar Tiwari
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record. However, no one has appeared on behalf of the first informant despite calling the case in revised list.
The present bail application has been filed by the applicant in case crime No. 329/2020, under Sections 363, 366, 376 IPC & Section 3/4 of POCSO Act, police station Surir, District Mathura with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. Learned counsel has referred statements of victim girl, recorded under Sections 161 and 164 Cr.P.C., and submitted that in view of the entire attending facts and circumstances of the matter, it is apparent that victim was a consenting party. It was submitted that victim remained standing with the applicant at bus stand but she never raised any alarm or made any complaint. Statement of mother of victim girl was also pointed out, wherein mother of victim has stated that her daughter (victim) used to talk on mobile phone for long hours but she never told that with whom she used to talk. Regarding prosecution allegation that applicant was a teacher in the school of victim, it has been pointed out that applicant has left the concerned school much time before the incident and at the time of incident he was not the teacher of the school of victim. Learned counsel has submitted that in view of the entire facts of the matter and statements of witnesses, it is clear that victim was a consenting party. It has further been argued that the applicant is in judicial custody since 05.12.2020, having no criminal history and that that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and argued that victim is a minor girl, aged about 15 years, and that in her statements, recorded under Sections 161 and 164 Cr.P.C., she has made allegations against the applicant that she was forcibly taken away by applicant and she was molested by him.
After considering submissions of learned counsel for the parties, looking into the seriousness of the allegations, gravity of the offence, severity of punishment and considering all attending facts and circumstances of the case, no case for grant of bail is made out.
Accordingly, the instant bail application filed on behalf of applicant Firoz Chaudhary is rejected.
Order Date :- 7.10.2021 Anand