Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26857 of 2021 Applicant :- Nitin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Pratap Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record. However no one has appeared on behalf of the first informant despite service of notice.
The present bail application has been filed by the applicant in case crime No. 269/2020, under Sections 363, 342, 376, 368, 366 IPC & Section 3/4 of POCSO Act, police station Chaubeypur, District Kanpur Nagar with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. It was submitted that in fact victim is a major girl, aged 19 years, and that she wanted to marry with applicant but later on she has made false allegations of kidnapping and rape against the applicant. It was further submitted that in medical examination report, no injury has been shown on the body of victim and that victim is a consenting party. It has further been argued that the applicant is in judicial custody since 18.09.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and argued that victim is a minor girl, aged 16 years, and she has consistently stated in her statements recorded under Sections 161 and 164 Cr.P.C. that she was forcibly taken away by applicant and applicant has committed rape upon her and he has kept her confined at his home and victim was recovered from there. It was submitted that as per medical examination report and high school certificate, age of victim girl is 16 years.
After considering submissions of learned counsel for the parties, looking into the seriousness of the allegations, gravity of the offence, severity of punishment and considering all attending facts and circumstances of the case, no case for grant of bail is made out.
Accordingly, the instant bail application filed on behalf of applicant Nitin is rejected.
Order Date :- 23.9.2021 Anand