Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28530 of 2020 Applicant :- Lalu @ Govind Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Dheeraj Kumar Dwivedi,Ajay Rajendra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 619 of 2019, under Sections 376(C), 328, 342, 504, 506 IPC and Section 3/4 POCSO, P.S. Bilhaur, District Kanpur Dehat with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It was submitted that ossification test of victim girl has not been conducted and that her alleged date of birth 15.01.2005 shown in the school certificate, is false and baseless. The alleged incident has been shown of 05.01.2019 but FIR has been lodged on 10.12.2019 in pursuance to order passed under Section 156(3) Cr.P.C. It was submitted that in fact informant has taken loan of Rs. 1 lac from applicant about two years back and applicant was asking to return the same and that first information report of this case was lodged due to that reason. The statement of victim girl recorded under Section 164 Cr.P.C., is false and tutored. There is no eye-witness of alleged incident of kidnapping and there is no evidence that applicant was seen with victim girl and that FIR is highly belated. It has also been submitted that family members of applicant were witness in mutation proceedings regarding sale-deed executed by one Ram Chandra in favour of first informant and a declaratory suit was also filed by father of applicant against one Jagdish in civil Court and that appeals were also filed in that matter and that first information report of this case has been lodged due to that reasons. The victim girl was consenting party and that no offence is made out against the applicant.
It has been further submitted that the applicant is languishing in jail since 14.12.2019, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail and argued that age of victim girl is stated 15 years and she has made allegation of kidnapping and rape against the applicant. It was stated that as after the incident FIR of informant was not registered by police, thus informant has moved an application under Section 156(3) Cr.P.C. without any undue delay and thus delay in FIR is explained. It was also stated that alleged litigations shown from the side of applicant, are not connected with applicant and informant so as to give any motive for false implication of applicant.
Perusal of record shows that age of victim girl is 15 years and that in her statement under Section 161 and 164 Cr.P.C., she has made allegations of kidnapping and rape against the applicant. The applicant is cousin of victim girl.
Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Lalu @ Govind is hereby rejected.
However, keeping in view period of incarceration of applicant, trial court is directed to expedite the trial and to conclude the same as early as possible.
Order Date :- 30.7.2021 A. Tripathi