Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26616 of 2019 Applicant :- Manoj Chaudhari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Prakash Srivastava
Hon'ble Raj Beer Singh,J.
The present bail application has been filed by the applicant in Case Crime No.297 of 2018, under Section 376, 506 of IPC and 3/4 of POCSO Act, 2012, Police Station Munderwa, District Basti with the prayer to enlarge the applicant on bail.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated on account of land dispute with complainant. It was submitted that allegations of kidnapping and rape against applicant are false and baseless. There is long and undue delay in lodging the FIR. Applicant and victim girl were having love affair and victim girl was a consenting party and thus, no case is made out against applicant. It was submitted that applicant is languishing in jail since 26.10.2018 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and argued that victim girl has made specific allegations against applicant that he has kidnapped her and committed rape upon her. It was submitted that victim girl has supported this version in her statements recorded under Sections 161 and 164 Cr.P.C. and that age of victim girl is stated 13 years and as per medical examination report, her age is 15 years.
Considering the submissions of learned counsel for the parties, nature of accusations, gravity of offence, age of victim and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application is hereby rejected.
Order Date :- 17.12.2019 Mohit