Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25344 of 2021 Applicant :- Rohit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.,Shailendra Kumar Tripathi
Hon'ble Raj Beer Singh,J.
Supplementary affidavit, filed by the learned counsel for the applicant, is taken on record.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.
80 of 2021, under Sections 376/511, 342, 506 IPC and Section 9M/10/18 POCSO Act, P.S. Surikh, District Kannauj, with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It has been submitted that applicant and first informant are neighbours and that allegations made against the applicant are thoroughly false and baseless. The alleged incident has been shown of 19.02.2021 and the first information report was lodged on 03.03.2021 at 17:50 hours. Learned counsel has referred the site plan of spot and submitted that in view of site plan, the prosecution version that after incident, applicant has run away, appears false and improbable. It has been further submitted that in fact earlier the brother of applicant has lodged an NCR under Section 323, 504 IPC on 15.01.2013 against family members of first informant and that later on that case was converted under Section 308 IPC and that applicant was falsely implicated as a counterblast of the said case. The allegations of victim girl are thoroughly false and improbable. It was submitted that applicant is a young boy aged 19 years and now he is languishing in jail since 06.03.2021 and that in case the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that victim is merely eight years old girl and in her statement, recorded under Section 161 and 164 Cr.P.C., she has made allegations against the applicant. It was submitted that the alleged case referred by the learned counsel for the applicant, pertains to the year 2013 and thus, it cannot be believed that after so long period informant would falsely implicate the applicant in this case by making such allegations that eight years old girl was molested by the applicant.
Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Rohit is hereby rejected.
Order Date :- 28.10.2021 A. Tripathi