Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2669 of 2021 Applicant :- Pradeep Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Despite service of notice, none is present on behalf of informant.
Heard Sri Mohd. Shoeb Khan, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 250 of 2020, under Sections 363, 366, 376 IPC and 3/4 Protection of Children From Sexual Offence Act, P.S. Manduadih, District Varanasi with the prayer to enlarge him on bail.
Submission of learned counsel for the applicant is that the applicant is innocent and has not committed the present offence. No prima facie case is made out against the applicant. Victim was found aged about 16-17 years in medical examination. She had gone along with applicant on her own free will as is clear from the statement of victim recorded under section 161 Cr.P.C. It is not a case of enticing away the girl. She was continuously chatting with the applicant. It has also been argued that she stayed for many days along with applicant and travelled from one place to another. No complaint was made during this period. Referring to the age of victim, it was further argued that if two year margin is added in the age of victim, she was major. It has also been argued that physical relation was established by the applicant with the victim at her free will. At no point of time, the applicant forced or compelled her for physical relation. Victim was in love and affair with the applicant. At this juncture, learned counsel for the applicant referred to the statement of victim recorded under section 164 Cr.P.C. and argued that the applicant is in jail since 2.9.2020 having no criminal history.
Learned A.G.A. referring to the statements of victim recorded under sections 161 and 164 Cr.P.C. argued that date of birth of victim is 1.6.2007. She was minor and she was enticed away by the applicant. Physical relation was also established against her will. It was further argued that plea taken by leaned counsel for the applicant is not acceptable, hence the applicant is not entitled for bail.
Considering the submissions advanced by learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of case and also the statement of victim recorded under section 164 Cr.P.C., the court is of the opinion that applicant has not made out a case for bail.
Hence, the bail application of applicant Pradeep Nishad is hereby rejected.
Order Date :- 27.7.2021 Gss