Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49180 of 2021 Applicant :- Jitendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No. 969 of 2019, under Sections 363, 506, 366, 376 I.P.C. and Section 3/4 POCSO Act, Police Station Sector- 39 NOIDA, District Gautam Budh Nagar, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) The applicant is innocent and has been falsely implicated in the present case. He has committed no offence. The prosecution story is false and fake.
(ii) As per F.I.R., the victim is aged about 13 years but as per medical report, she is aged about 16 years. She is fully capable of understanding what was happening with her.
(iii) As per statement of victim recorded under Section 161 Cr.P.C., she has gone with accused- applicant of her own free will and she voluntarily travelled with him at various places. She did not level any allegation of rape against the applicant but in her statement recorded under Section 164 Cr.P.C., she changed her version and levelled allegation of rape against the applicant.
(iii) Applicant is in jail since 05.02.2020. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail and submitted that the applicant is named in F.I.R. and he has kidnapped the minor victim aged about 13 years without the consent of her guardian and committed rape upon her. Consent of victim has no relevance in eye of law.
Considering the entire facts and circumstances of the case, rival submissions of learned counsel for the parties, role of present applicant, statement of victim recorded under Section 164 Cr.P.C., age of victim / prosecutrix, severity of punishment in case of conviction, evidence collected by I.O. during investigation, applicant deserves no bail.
Accordingly, the present bail application is rejected.
Order Date :- 20.12.2021 Manoj