Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27730 of 2020 Applicant :- Ramakant Opposite Party :- State of U.P.
Counsel for Applicant :- Shad Khan,Chandra Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Ramakant has prayed to release him on bail in Case Crime No. 312 of 2019, u/s 376 I.P.C. and Section 3/4 POCSO Act, P.S. Kothibhar, District Maharajganj.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Applicant is in jail since 18.03.2020 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. He is of no criminal antecedent. Prosecutrix has been held to be of 17 years in medical age determination and there is variation in the statement recorded under Sections 161 & 164 Cr.P.C. No offence of rape as alleged is made out. Hence bail has been prayed for during trial.
Learned counsel for the informant as well as learned AGA has vehemently opposed the bail application.
Having heard and gone through the material placed on record, it is apparent that first information report was got lodged by way of application moved under Section 156 (3) Cr.P.C. and Magistrate took cognizance over it. It was an application dated 12.11.2018 wherein it was said that police did not register this case of occurrence. Hence, it is an instant application whereupon a report was got lodged. Statement under Section 161 and 164 Cr.P.C. is fully intact. Accused has been assigned offence of committing sexual assault with prosecutrix who has been held to be of 17 years in medical age determination. She has said herself to be of 15 years in her statement due to which offence punishable under Section 3/4 of POCSO Act has been levelled against the applicant in the statement of prosecutrix.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, no case for bail is there.
This bail application is accordingly rejected. Order Date :- 6.1.2021 Ravi Prakash