Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46958 of 2020 Applicant :- Sameer Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rizwan Ahamad Counsel for Opposite Party :- G.A.,Anurag Yadav
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- Sameer, who is involved in case crime No.371 of 2020, under Section 376-D IPC and 5-g/6 of POCSO Act, P.S.-Bagpat, District -Bagpat.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case; that there is long and undue delay in lodging the first information report; that there is contradiction in the statements of the victim recorded under Section 161 and 164 Cr.P.C., which makes her version doubtful; that the victim has alleged that after the incident she has sustained pregnancy but the said fact is not supported by the medical evidence. In this regard, learned counsel has also referred statement of concerned Doctor, who has stated that there were no signs of pregnancy or of termination of pregnancy also there is no internal or external injury on her body. It is lastly contended that the accused applicant is languishing in jail since 28.07.2020 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Learned A.G.A. and learned counsel for complainant have opposed the bail and argued that victim girl is aged about 14 years and that even as per her medical examination report her age has been shown 16 years. It is further submitted that victim has consistently stated that applicant and co- accused have committed gang-rape upon her also in her statement recorded under Sections 161 and 164 Cr.P.C., victim girl has made allegations of rape against the applicant; that the heinous crime has been committed by the applicant, thus, he is not entitled for any indulgence.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is not entitled for bail.
The bail application is, accordingly, rejected. Order Date :- 27.7.2021 Fhd.