Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22961 of 2021 Applicant :- Pawan Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohit Singh,Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Despite service of notice, none present on behalf of the informant.
Present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 87 of 2021, under Sections 376-D, 324, 504, 506 IPC and Section 3/4 POCSO Act, P.S. Karari, District Kaushambi.
Heard Shri Mohit Singh, learned counsel for the applicant as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Incident is said to have been taken place on 25.03.2021 whereas F.I.R. was lodged on 27.03.2021. Victim did not disclose any fact to her family members on the day of incident. She is aged about 17-18 years. In-fact, victim was in love and affair with co-accused Shyamu. Applicant was falsely implicated in this case due to fact disclosed in the affidavit. It is further submitted that victim was a consenting party along with co-accused Shyamu as is clear from the statement of co- accused itself. It is also submitted that medical evidence does not support the oral version. Applicant was not involved in this matter. No prima facie case is made out against the applicant. The applicant has no criminal history. He is languishing in jail since 28.03.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail and submitted that victim was minor. Although F.I.R. was lodged after two days of the incident yet in the facts and circumstances of the case delay occurred in lodging the F.I.R. is immaterial. Despite this fact, same has been properly explained by the prosecution. It is further submitted that victim was forcefully taken away by both the accused and they have committed the offence of gang rape upon her as is clear from the contents of the F.I.R. as well as statement of the victim recorded under Sections 161 & 164 Cr.P.C.. A prima facie case is made out against the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Sections 161 & 164 CrPC and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application is liable to be rejected and the same is accordingly rejected.
Order Date :- 23.9.2021 Sanjeet Digitally signed by OM PRAKASH Date: 2021.09.23 14:49:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad