Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41485 of 2020 Applicant :- Kamal Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Brij Gopal,Devashish Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 252 of 2020, under Section 377, 504, 506 of I.P.C. and Section 5/6 of P.O.C.S.O. Act, Police Station Hariparvat, District Agra.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the alleged offence. Two days delay in lodgement of the F.I.R. has not been explained. No case is made out against the applicant as there is no injury report of the victim. Further submitted that the sister-in-law of the informant was in love with the son of the applicant and she wanted to marry with the son of applicant but her proposal was refused and out of annoyance and anger, false F.I.R. was lodged against the applicant. Accused is lying in jail since 01.07.2020. He has no criminal history. If he is released on bail, he would not misuse the liberty.
Learned A.G.A. vehemently opposed the prayer of bail stating that the victim has supported the prosecution version in his statement under Section 161 & 164 Cr.P.C., therefore, bail application of the accused applicant should be rejected.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Perusal of record reveals that the victim who is a minor child of six years has supported the prosecution version in his statement under Section 161 & 164 Cr.P.C. and specifically implicated the applicant.
Keeping in view the statement of victim wherein he has supported the prosecution version and specifically implicated the applicant, no case for bail is made out.
Accordingly, bail application of the applicant, is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same strictly in accordance with the provisions contained in Section 309 Cr.P.C. within a period of one year from the date of production of a certified copy of this order.
Furthermore, it is clarified that the observations, if any, made herein above shall be strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 21.12.2021 VPS Digitally signed by ANIL KUMAR OJHA Date: 2021.12.22 10:50:36 IST Reason: Document Owner Location: High Court of Judicature at Allahabad