Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32291 of 2019 Applicant :- Harsh Verma @ Adarsh Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble B. Amit Sthalekar,J.
Heard learned counsel for the applicant and learned AGA for the State as well as perused the documents on record.
This instant bail application has been filed on behalf of the applicant Harsh Verma @ Adarsh Verma with a prayer to release him on bail in Case Crime No. 210 of 2019 under Section 363, 366, 376 Gha, 323, 504 IPC & 3/4 POCSO Act, Police Station Nawabad, District Jhansi during the pendency of trial.
The facts in brief, as per the version of FIR are that the informant lodged the report alleging that Rohit Verma, Chotu Verma and Megha have allured her minor daughter aged about 16 years and have kidnapped her on 17.04.2019 at about 12 in the noon when she left the house stating that she is going to get her Aadhar card.
The submission of the learned counsel for the applicant is that the incident is of 17.4.2019 and the FIR was lodged on 19.04.2019 and there is no satisfactory explanation for the delay. It is further submitted that the prosecutrix in her statement under Section 161 Cr.P.C. has stated that she left the house on her own and she also denied medical examination, however, her age according to the doctor is 19 years. It is further submitted that the name of the applicant appeared in the statement under Section 164 Cr.P.C. of the prosecutrix, however, the allegation of rape is only against co-accused Raj. It is further submitted that the applicant has no criminal antecedent and is languishing in jail since 03.07.2019 and in case he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Per contra, learned AGA opposed the prayer for bail by submitting that even though the prosecutrix has denied medical examination she has specifically named the applicant in her statement under Section 164 Cr.P.C. It is further submitted that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence.
Having considered the rival submissions of learned counsel for the parties, facts and circumstances of the case and the fact that the victim in her statement has specifically named the applicant, in my opinion, the applicant is not entitled for grant of bail.
The bail application is accordingly, rejected.
Order Date :- 28.11.2019 Kirti