Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17201 of 2021 Applicant :- Jugnu Rajbhar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Notice was issued to the opposite party no.2 vide order dated 19.05.2021. As per the office report dated 01.06.2021, a report dated 14.06.2021 of C.J.M. concerned has been received stating therein that notice has been served on the opposite party no.2.
The perusal of the said report shows that notice has been served personally on the opposite party no.2.
No one appears on behalf of the opposite party no.2 even when the matter has been taken up in the revised list.
Heard Sri Kamlesh Kumar Yadav, learned counsel for the applicant, Sri Ankit Srivastava, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure which has been filed by the applicant Jugnu Rajbhar, seeking enlargement on bail during trial in connection with Case Crime No. 23 of 2021, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, registered at P.S. Sadat, District Ghazipur.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the First Information Report was registered under Section 363, 366, 120-B IPC and Section 7/8 POCSO Act wherein the applicant has been named as an accused and there is an allegation that he allured the victim girl along with his friends who are also named as an accused therein and then abducted her. The victim is aged about 14 years as mentioned in the FIR. It is further argued while placing annexure S.A.-3 being the statement recorded under Section 161 Cr.P.C. of the victim that she has stated that she went with the applicant out of her own sweet will and physical relationship was established. It is further argued that in the statement recorded under Section 164 Cr.P.C. of the victim she has stated that she was forcibly taken by the applicant and physical relationship was established without her consent. It is argued that both the statements of the victim are in variance. It is further argued that subsequently Section 376 IPC has been added in the present case. He further argued that the applicant has no criminal history as stated in para 14 of the affidavit and is in jail since 09.02.2021.
Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicant is named in the First Information Report and even in the statements under Section 161 Cr.P.C. and 164 Cr.P.C. of the victim and there is an allegation by the victim that the applicant established physical relationship with her. It is argued that in the Supplementary Medico Legal Report, copy of which is annexed as annexure 4 at page 28 to the supplementary affidavit the doctor has opined the age of the victim between 15 and 17 years and as such she is minor.
After having heard learned counsels for the parties and perusing the records, it is apparent that the age of the victim in the First Information Report is stated to be 14 years. There is a medical examination report wherein she has been opined to be between 15 and 17 years of age and as such she is minor. The consent of minor is of no worth. In so far as the applicant is concerned story regarding his abducting the victim and establishing physical relationship with her is consistent. I do not find it a fit case for bail.
Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail.
The bail application is, accordingly, rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.8.2021 M. ARIF (Samit Gopal, J.)