Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55118 of 2019 Applicant :- Gurudev Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Balendra Kumar Singh,Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A.,Prashant Kumar Tripathi
Hon'ble Ram Krishna Gautam,J.
Heard over this bail application, moved by the applicant, Gurudev Singh, in Case Crime No.146 of 2019, under Sections 363, 376(1) I.P.C. and Section 3/4 POCSO Act, Police Station Kishanpur, District Fatehpur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 03.09.2019. The prosecutrix has married the applicant on her own free will. As per her statement under Sections 161 and 164 CrPC nothing was done against her wishes but a false report was got registered. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he has been released on bail; hence bail has been prayed for.
Learned learned AGA has vehemently opposed the prayer for bail.
Having heard learned counsel for both the parties, gone through the First Information Report which was got lodged by father of the prosecutrix naming the applicant for enticing and abducting the prosecutrix who was aged about 14 years at the time of incident having specific date of birth 01.06.2004 and also in the medical age determination she has been found to be 15-16 years, therefore, consent is of no avail.
Considering all those facts and circumstances of the case; heinousness of 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 merit of the case, there appears to be no ground for bail.
Accordingly, this bail application is rejected.
However, trial Court is directed to conclude the trial strictly in accordance with Section 309 Cr.P.C., without granting any unnecessary adjournment to the parties.
Order Date :- 23.12.2021 Shahroz