Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15080 of 2020 Applicant :- Kapil Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A.,Bibhuti Narayan Singh
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant, Kapil, has prayed to release him on bail in Case Crime No. 134 of 2020, under Sections-376, 506 I.P.C. and 4 of POCSO Act, Police Station- Kotwali Nagar, District-Bulandshahar.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 04.02.2020. He is an student of 11th standard. Prosecutorix has been held to be of 16-17 years of age in medical age determination. Two years variants may be either side. No injury is there on the person of the prosecutorix. There are variants in sequence of occurrence as narrated by her in First Information Report, statement under Sections 161 as well as 164 Cr.P.C. Applicant is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned AGA as well as counsel for the informant has vehemently opposed bail with this contention that prosecutorix was of 14 years and 7 months at the time of this offence of rape by the applicant. She is intact in her statements under Sections 161 and 164 Cr.P.C. It was an offence of rape and there is every likelihood of applicant's fleeing from course of justice and tempering with evidence in case he is released on bail.
Having heard learned counsel for both the parties, gone through the material placed on record, it is apparent, that prosecutorix was 14 years and seven months of age at the time of occurrence of offence as per her school record and as per medical age determination she has been held to be of 16-17 years i.e. minor within the purview of POCSO Act. She in her First Information Report, statement recorded under Section 161 and 164 Cr.P.C. has levelled offence of rape committed by the accused-
applicant. Considering the nature of accusations, severity of the punishment in the case of conviction but without expressing any opinion on the merits of the case, no case for bail is made out.
Bail application is rejected, accordingly.
Order Date :- 5.1.2021 Deepak/