Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24187 of 2021 Applicant :- Gopal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rabindra Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the record. None appeared on behalf of the informant despite service of notice.
The present bail application has been filed by the applicant involved in Case Crime No. 993 of 2019, under Sections 342, 376, 511 IPC and Section 5/6 of Protection of Children from Sexual Offences Act, P.S. Sadar Bazar, District Agra, 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. It was stated that there is no allegation of rape against applicant and that prosecution version is not reliable. It was submitted that allegations made by victim girls, that applicant has outraged their modesty and made an attempt to commit rape upon the victims, are false. It was further submitted that applicant is languishing in jail since 30.12.2019 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.
Perusal of record shows that there are two victim girls, who are aged 5-6 years and that they have made allegations that applicant has removed their clothes, did immodest activities with them and made an attempt to commit rape upon them.
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 Gopal is hereby rejected.
However, trial court is directed to made every endeavour to decide the case preferably within a period of one year from the date of filing of certified copy of this order, if there is no legal impediment.
Order Date :- 27.9.2021 Ravi Prakash