Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20457 of 2021 Applicant :- Jugnu Opposite Party :- State Of U.P Counsel for Applicant :- Vikrant Neeraj,A.L.Gupta Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Matter taken up through video conferencing.
Heard Sri Vikrant Neeraj, learned counsel for the applicant and Sri Virendra Kumar Maurya, learned A.G.A. for the State.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Jugnu, seeking enlargement on bail during trial in connection with Case Crime No. 33 of 2021, under Sections 363, 366, 376, 323, 506 I.P.C. and 3/4 POCSO Act, registered at Police Station Sasani Gate, District Aligarh.
Learned counsel for the applicant argued that the victim went out of her own sweet-will and travelled with the applicant from 06.02.2021 to 13.02.2021 to various places being Delhi, Ghaziabad and Farrukhabad on motorcycle and truck without raising any resistance whatsoever. It is argued that even the medical examination report, the copy of which annexed as Annexure-5 to the affidavit does not corroborate with the prosecution story as the doctor did not find any injury either on the body of the deceased or on her private parts which would go to suggest that there was no forceful physical relationship with her. It is argued that the Chief Medical Officer, Aligarh conducting the medical examination of the victim for ascertaining her age, gave a certificate, the copy of which is annexed at page 37 of the paper-book, wherein, he has opined the age of the victim to be 18 years and as such, she is a major. It is argued that the victim was a consenting party to the act and had travelled with the applicant out of her own sweet-will. It is argued that the applicant has been falsely implicated in the present case due to ulterior motive. It is further argued that though in the statements recorded under Section 161 Cr.P.C. and 164 Cr.P.C. of the victim, she has stated that the applicant established forceful physical relationship with her but the same in the circumstances of the present case is a false and incorrect statement which would be shown from the conduct of the victim of being in the company of the applicant from 06.02.2021 to 13.02.2021 without any resistance whatsoever. It is argued that the applicant has no criminal history as stated in para 14 and is in jail since 22.02.2021.
Per contra learned A.G.A vehemently opposed the prayer for bail and argued that the victim is a minor. It is argued that as per the high school mark-sheet of the victim her date of birth mentioned therein is 10.03.2004 and as such she was aged about 16 years 11 months 5 days at the time of incident. It is argued that the age as mentioned in the High School mark-sheet is conclusive of the age of a person as per law and has a prevalance over all other evidences. It is argued that since victim is a minor, her being with the applicant out of her own sweet-will will have no relevance. It is argued that the prayer for bail be rejected.
After hearing the learned counsel for the parties and perusing the record, it is apparent that the victim at the time of the present incident was aged about 16 years 11 months 5 days and as such was a minor. The consent of a minor is of no worth. She has in her statement recorded under Section 161 Cr.P.C. and Section 164 Cr.P.C., has stated that the applicant established physical relationship with her by force.
Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is 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 :- 25.5.2021 AS Rathore Digitally signed by Justice Samit Gopal Date: 2021.05.26 17:03:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad