Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46202 of 2021 Applicant :- Gulfam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dheeraj Kumar Singh Counsel for Opposite Party :- G.A.,Lalit Singh Tomar
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant, Gulfam, in Case Crime No. 547 of 2021, under Sections 363, 376 IPC and 3/4 Protection of Children from Sexual Offences Act and 3(2)(v) of SC/ST Act, Police Station Jevar, District Gautam Budh Nagar.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 17.07.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; prosecturix is above 17 years in high school certificate and she was under affairs with applicant; she was under consensual fleeing then marrying with applicant. Hence, bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed with this contention that as per high school certificate, prosecutrix is minor; she in her statement under Section 161 and 164 Cr.P.C., had categorically said to have been sexually assaulted by applicant; report itself reveals that it was an offence of love Jihad; marriage by putting prosecutrix under captivity and as per ritual by putting Sindur is there, but neither conversion procedure was adopted nor such marriage may occur; prosecutrix is firm and fully intact in her statement with regard to offence of rape by the applicant; prosecutrix has been recovered from the applicant; there is every likelihood of tempering of evidence in case of release on bail; prosecutrix is a member of schedule caste community, poor downtrodden having protection of special Act of SC/ST Act.
Having heard learned counsel for both sides and gone through materials on record, considering the statement of prosecutrix recorded under Section 161 and 164 Cr.P.C., wherein, she is fully intact with regard to offence of rape and looking to the heinousness of offence of rape with a tiny girl of vulnerable poor family, aim and object of the Protection of Children from Sexual Offence Act, 2012 to protect children from sexual offence, likelihood of tampering with evidence in case of release on bail as well as likelihood of fleeing from course of justice, but without commenting on merits of the case, there appears to be no ground for bail.
Accordingly, this Bail Application stands rejected.
Order Date :- 22.12.2021 Dhirendra/ Digitally signed by RAM KRISHNA GAUTAM Date: 2021.12.24 13:38:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad