Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24305 of 2021 Applicant :- Manju Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rashid Ali Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record. None has appeared on behalf of first informant despite service of notice.
The present bail application has been filed by the applicant involved in Case Crime No.0241 of 2021, under Sections 363, 366-a, 370, 371, 419, 420, 467, 468, 471, 376, 120-B IPC, 3/4 and 16/17 of POCSO Act, P.S. Robertsganj, District Sonbhadra with the prayer to enlarge him on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and she has been falsely implicated in this case. Alleged incident of kidnapping has been shown of 04.05.2021 but FIR has been lodged on 25.05.2021. Learned counsel has referred the statement of victim girl, recorded under Section 161 and 164 Cr.P.C., and submitted that the allegations of victim are thoroughly false and baseless and in fact as per ossification test, she was found major and thus, her allegation that she was enticed away by applicant and co-accused and that she was kept in a hotel for one week at Jaipur and thereafter, sold her to co-accused Simbu is thoroughly false and baseless. It has been further submitted that police have not verified from the hotel/lodge that applicant has stayed there or not. It was further submitted that there is no allegation of rape against applicant, as applicant is a lady and at the most it may be a case of abetment of her part. It was further submitted that applicant is languishing in jail since 26.5.2021 having no criminal history and that in case, the applicant is released on bail, she 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 as per school certificate, age of victim girl is about 13 years and as per her age certificate, issued by C.M.O. Sonbhadra, her age has been shown 18-19 years and that she has clearly stated that she was enticed away by the applicant and co-accused persons and was taken to Banaras and from there she was taken to Jaipur and she was kept there in a hotel/lodge for one week and after that she was forcibly married with co-accused Simbu, who has committed rape upon her and that victim girl was forcibly left there. It also appears from the statements of co-accused persons that in fact victim girl was sold by applicant and co- accused persons to said co-accused Simbu against consideration of Rs.50,000/-.
Considering the submissions of learned counsel for the parties, nature of accusations, gravity of offence and all attending facts and circumstances of the case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Manju Chauhan is hereby rejected.
Order Date :- 6.10.2021 Neeraj