Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8441 of 2019 Applicant :- Sachin Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Roopesh Kumar Nigam Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Sachin Kumar, in Case Crime No. 589 of 2018, under Sections- 376-A.B. I.P.C. & 5/6 of POCSO Act, P.S. Phase-2, District- Gautam Buddh Nagar.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 28.8.2018; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; victim is of four years of age; her statement is written by way of sighn, which makes the case doubtful; there was animosity owing to joint and common use of baranda and courtyard, as a result of this, false implication was got made. Hence, bail has been prayed for.
Learned AGA has vehemently opposed.
Having heard learned counsels for both sides and gone through materials placed on record, it is apparent that victim is of four years of age; instant report was there and the same was with medical corroboration of the occurrence; victim, in her statements under Sections 161 as well as 164 of Cr.P.C., has rectified the accusation.
Considering all above facts and circumstances, heinousness of offence with a tine child of four years, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, no ground for bail is there.
Accordingly, the bail application is rejected. Order Date :- 20.12.2021 Kamarjahan