Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8873 of 2021 Applicant :- Lokesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhanu Prakash Verma Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Despite service of notice none appeared for the informant.
Heard Sri B. P. Verma, learned counsel appearing for the applicant and learned A.G.A.
This bail application has been filed by the applicant to enlarge him on bail in case crime no. 152 of 2020, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Highway, district Mathura.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has not committed the present offence. It is further argued that no prima facie case is made out against the applicant. Victim was major. At this juncture learned counsel appearing for the applicant referred to the medical evidence and argued that mensuration started at the age of 10 years. Medical examination was conducted in the year 2020. Thus, on this ground the age of the victim comes to 20 years. It is also argued that age was not determined by way of radiological method. If age of the victim was determined radiologically certainly her age comes to 20 years. At this juncture learned counsel for the applicant referred to the statement of the victim recorded under Section 161 and 164 Cr.P.C. and further argued that if she herself had gone along with the applicant place to place and stayed there, no complaint was made by her, thus, victim was a consenting party. Offences levelled in the present matter are not attracted. Other accused named in the FIR has been enlarged on bail. It was next argued that the applicant is in jail since 03.08.2020 having no criminal history.
Learned A.G.A. argued that victim is minor. Age of the victim was found about 15 years, as per the High School Certificate. She has clearly supported the prosecution case in the statement under Section 164 Cr.P.C. Prima facie case is made out.
Having considered the rival submissions, going through the entire record and also taking into consideration the contents of the FIR as well as statement of the victim recorded under Section 164 Cr.P.C., the court is of the opinion that applicant has not made out a case for bail.
Bail Application is hereby rejected. Trial court is directed to decide the trial expeditiously fixing short dates.
Order Date :- 27.9.2021 Sachdeva