Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35060 of 2021 Applicant :- Khiladi @ Sandesh Opposite Party :- State of U.P.
Counsel for Applicant :- Ganesh Shanker Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 120 of 2021, under Sections 376D, 504, 506 I.P.C. and section 5/6 POCSO Act, P.S. Bansi, district-Siddharth Nagar, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against co- accused Praveen, alleging therein that on 24.3.2021 in the evening when the daughter of the complainant had gone to shop to purchase matchbox, the co-accused has committed rape with her. It was also alleged that the present accused after hurling abuses threatened to kill the complainant.
Learned counsel for the applicant submits that the applicant was not named in the first information report. He is absolutely innocent and has been falsely implicated in the present case for only being friend of co- accused Praveen. The applicant has nothing to do with this crime. The alleged victim was in consensual relationship with co-accused Praveen. He lastly submits that the applicant, who is in jail since 25.5.2021 and has no criminal antecedents to his credit, is entitled to be enlarged on bail during pendency of the trial.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the alleged victim was minor. The present accused has committed a heinous crime as the alleged victim was 100 per cent disabled. She in her statement recorded under Sections 161 and 164 Cr.P.C. (Annexure- 3 & 7), hence he is not entitled to be enlarged on bail.
After having heard the submissions advanced by learned counsel for the parties, considering that the alleged victim was minor and 100 per cent disabled, considering the statements of the alleged victim, considering the facts and circumstanaces of the case and perused the material brought on record. I am not inclined to enlarge the applicant on bail at this stage of trial.
Accordingly, the bail application is 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 :- 26.10.2021 Faridul