Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34725 of 2021 Applicant :- Radhey Shayam Chauhan@ Radhey Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.,Ashok Kumar Maurya
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No. 104 of 2021, under Sections 363, 366, 376, 120-B I.P.C. and Section 3/4 POCSO Act, Police Station Sukhpura, District Ballia, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) The applicant is innocent and has been falsely implicated in the present case. He has committed no offence. The prosecution story is false and fake.
(ii) The present F.I.R. is delayed by 13 days without any proper explanation. As per F.I.R., the victim is aged about 13 years and as per medical report, she is aged about 13 to 15 years but as per her statement recorded under Section 164 Cr.P.C., she is aged about 18 years.
(iii) The victim in her statement recorded under Section 164 Cr.P.C. deposed that she had gone with accused-applicant as per her own free will and voluntarily travelled with him at various places. She did not level any allegation of rape against the applicant.
(iv) Applicant is in jail since 04.07.2021. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail and submitted that the applicant is named in F.I.R. and he has kidnapped the minor victim aged about 13 years without the consent of her guardian and committed rape upon her. Consent of victim has no relevance in eye of law.
Considering the entire facts and circumstances of the case, rival submissions of learned counsel for the parties, role of present applicant, age of victim / prosecutrix, severity of punishment in case of conviction, evidence collected by I.O. during investigation, applicant deserves no bail.
Accordingly, the present bail application is rejected.
Order Date :- 21.12.2021 Manoj