Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40907 of 2020 Applicant :- Pawan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Verma 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.
The present bail application has been filed by the applicant in case crime No. 80 of 2018, under Sections 376D IPC and Section 3/4 POCSO Act, P.S. G.R.P Bareilly Junction, District Bareilly, with the prayer to enlarge him on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. The first information report has not been lodged by victim or any of her family members, rather it was registered by a third person making false and baseless allegations against the applicant and co- accused persons. It has been submitted that victim has made contradictory statements. It was stated that in first information report, informant has named the applicant Pawan and co-accused Anil, whereas in her statement under Section 161 Cr.P.C, victim has introduced one Nasir and Lalit also and that in her statement, under Section 164 Cr.P.C., she has made allegations of rape against the applicant as well as co-accused Anil, Nasir and Lalit. It was was submitted that co-accused Nasir and Lalit have already been granted bail by co-ordinate Bench of this Court vide order dated 29.11.2019 and 03.03.2020, passed in Criminal Misc. Bail Application No. 52708 of 2019 and 9767 of 2020. It has also been submitted that victim has made allegations of gang rape but in medical examination report, no injury has been shown on the body of deceased. It was submitted by the learned counsel for the applicant that in fact the first informant has enmity with applicant and that first informant was having a contract of tempoes at railway station and applicant used to run a tempo and that informant has lodged the FIR of this case making false and baseless allegations. Lastly, it was submitted that the applicant is languishing in jail since 30.04.2018, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that victim is aged only about 16 years and in her statement under Section 161 and 164 Cr.P.C., she has made allegations that applicant and co-accused have committed rape upon her. It has been submitted that applicant cannot claim parity with co-accused Nasir and Lalit as they were not named in first information report.
Perusal of record shows that applicant was named in first information report and that victim has consistently stated that applicant and co-accused persons have committed rape upon her. The age of victim is stated 16 years. The case of applicant is distinguished from co-accused Nasir and Lalit.
Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Pawan is hereby rejected.
Order Date :- 22.9.2021 A. Tripathi