Court No. - 6
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19849 of 2021 Applicant :- Priyanshu @ Minku Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kaushal Kumar Pandey,Anand Ji Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
The F.I.R. against the applicant was registered on 19.02.2021 in case crime no. 26 of 2021 under Sections 377 and 506 IPC and 3/4 POCSO Act at Police Station-Rohta, District-Meerut. The victim is aged about 14 years. The prosecution case as stated in the F.I.R. records that on 19.02.2021 at about 7 p.m. the victim, who is aged about 14 years, came home crying. His clothes were also dirty. The complainant, who is the father of the victim enquired the reasons for his distress. The victim narrated that he had gone to the neighbourhood shop to purchase some items. When he was returning back, the accused forcibly took him to his house and committed unnatural sex against the wishes of the victim. The accused also threatened him with death in case he disclosed this incident to anyone.
The statement of the victim has been recorded by the Investigating Officer under Section 161 Cr.P.C. Further, the victim has also given his statement before the learned Magistrate under Section 164 Cr.P.C. The aforesaid statements of the victim corroborate the allegations against the applicant made in the F.I.R.
Sri Anand Ji Mishra, learned counsel for the applicant submits that there are no injuries on the person of the alleged victim.
Learned A.G.A. on the other hand submits that the the sexual offences against a minor child leave him scarred for life. In case the applicant is released on bail, the criminal law process shall be adversely influenced and the victim will be denied justice.
Heard Sri Anand Ji Mishra, learned counsel for the applicant and learned A.G.A. for the State through video conferencing mode.
I have perused the records and find that the F.I.R. and the statements of the victim consistently state that the victim was forcibly taken by the applicant to his house. The accused committed unnatural sexual acts upon the victim. In case the applicant is granted bail, it could further increase the trauma of the young child and compromise the criminal law process.
No case for bail is made out.
The bail application is dismissed.
Order Date :- 19.5.2021 Ashish Tripathi Digitally signed by Justice Ajay Bhanot Date: 2021.05.23 17:46:44 IST Reason: Document Owner Location: High Court of Judicature at Allahabad