Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16417 of 2021 Applicant :- Ravi Raidas Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard leaned counsel for the applicant, learned A.G.A. for the State-respondent and perused the material brought on record. However no one has appeared on behalf of the first informant despite service of notice.
The present bail application has been filed by the applicant in case crime No. 346/2018, under Sections 363, 366, 376(2)(i), 506 IPC and Section 3/4 of POCSO Act, police station Puramufti, District Kaushambi with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. It was submitted that alleged incident has been shown of 18.09.2018 but F.I.R. has been lodged on 21.09.2018. It was further submitted that in her statement, recorded under Section 161 Cr.P.C., victim girl has stated that she has gone to the house of her friend and she has not named the applicant. It was submitted that for the first time in her statement, recorded under Section 164 Cr.P.C., she has made allegations that applicant has taken her to the house of his aunt and he has kept her for three days and he forcibly established physical relation with her. It was further submitted that at the time of her medical examination, victim girl has stated that no bad act has been done with her and that medical examination report of victim girl does not support support the version of prosecution and there was no external or internal injury on her person. It was further argued that the applicant is in judicial custody since 15.01.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
On the other hand, learned A.G.A. has opposed the prayer for bail and argued that in F.I.R., age of victim girl is stated 13 years and that as per report of radiologist, her age is between 12 to 14 years and thus, she was a minor girl. Learned A.G.A. has referred the statement of victim girl, recorded under Section 164 Cr.P.C., wherein she has stated that she was forcibly taken away by applicant to the house of his aunt and he forcibly established physical relation with her and he has threatened that if she disclosed the incident to anyone, he would kill her.
After considering submissions of learned counsel for the parties, looking into the seriousness of the allegations, gravity of the offence, severity of punishment and considering all attending facts and circumstances of the case, no case for grant of bail is made out.
Accordingly, the instant bail application filed on behalf of applicant Ravi Raidas is rejected.
Order Date :- 30.9.2021 Anand