Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25155 of 2021 Applicant :- Ram Gopal Opposite Party :- State of U.P. and Another Counsel for Applicant :- V.K. Agnihotri Counsel for Opposite Party :- G.A.,Akash Mishra
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant and learned AGA for the State and perused the record.
The present bail application has been filed by the applicant involved in Case Crime No.148 of 2021, under Sections 376-A,B & 506 IPC & 5/6 POCSO Act, P.S. Friends Colony, District Etawah 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. It was submitted that applicant is a 76 years old person and that allegations of rape made against him are thoroughly false and improbable. It was submitted that in fact the daughter-in-law of applicant has used the minor girl of her friend to frame the applicant in this false case, so that he may be sent to jail. Learned counsel has referred the statement of victim girl recorded, under Section 161 and 164 Cr.P.C., and submitted that the allegations made by victim girl are not believable. It was further submitted that applicant is languishing in jail since 02.06.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned counsel for the first informant as well as learned A.G.A. have opposed the prayer for bail and argued that victim is an eight years old minor girl and that in her statement, recorded under Section 161 & 164 Cr.P.C., she has made serious allegations against applicant. Referring to statement of victim girl recorded, under Section 161 and 164 Cr.P.C., it was submitted that an offence under Section 376 A,B IPC is made out against applicant.
Considering the submissions of learned counsel for the parties, nature of accusations, gravity of offence and all attending facts and circumstances of the case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Ram Gopal is hereby rejected.
Order Date :- 7.10.2021 Neeraj