Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16344 of 2021 Applicant :- Kaluwa @ Netrapal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Sharma,Rewti Raman Patel Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant through video conferencing. Learned A.G.A. is present in the Court.
This is a bail application on behalf of the applicant Kaluwa @ Netrapal in connection with Case Crime No.200 of 2020, under Sections 452, 376, 506 I.P.C. and 3/4 of POCSO Act, Police Station Chharra, district Aligarh.
The First Information Report of this incident was got lodged by complainant against the applicant about the alleged rape of minor daughter of the elder brother-in-law of the complainant. It was alleged in the first information report that when she enquired about her health then the victim said that she was forcefully raped by the applicant five-six months ago and she is pregnant. It was further alleged that the applicant had warned her not to disclose the said fact otherwise she would be killed.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He next submits that the medical age of the alleged victim was found to be 17 years, which is evident from page no.24 of the paper book. He submitted that the alleged victim was mentally disturbed due to death of her mother and she has falsely nominated the applicant. He lastly submits that the applicant is languishing in jail since 24.09.2020 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 A.G.A. has opposed the prayer for bail. He submitted that the alleged victim was raped by the applicant and was warned that if she narrates the incident to anybody she will be killed. As per the first information report that the alleged victim is aged about 16 years. Therefore, the applicant is not entitled to be enlarged on bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, considering the rival submissions, facts and circumstances of the case and considering that the applicant has forcefully raped the victim who got pregnant in that incident, but without expressing any opinion on merits, this Court does not find it to be a fit case for bail. However, learned trial court is directed to conclude the trial expeditiously, preferably within one year after normal functioning of the courts without granting unnecessary adjournments to either of the parties. Accordingly, the bail application stand rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 25.10.2021 R./