Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9461 of 2021 Applicant :- Satish Gaur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record. None has appeared on behalf of first informant despite service of notice.
The present bail application has been filed by the applicant in S.S.T. No. 233 of 2020, Case Crime No. 159 of 2020, under Sections 376, 506 IPC and Section 3/4 POCSO Act, P.S. Sujanganj, District Jaunpur, with the prayer to enlarge him on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It was submitted that the version of victim girl that applicant took her away on the point of knife and committed rape upon her, is false and baseless. The victim has not sustained any injury. It was stated that version of victim girl that she was taken away by the applicant from her home at the point of knife, is false and improbable. Learned counsel submitted that in fact on 17.03.2018 aunt of applicant has lodged an FIR under Section 376 IPC against one Munshi Lal Gaud, who is nephew of first informant and that the present case has been lodged against the applicant due to that reason so as to make pressure on applicant. It was also stated that though, the victim has stated her age 16 years but all her epiphysis were found fused and thus, the victim is a major girl. Lastly, it was submitted that the applicant is languishing in jail since 30.09.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that applicant is named in first information report, which was lodged soon after the incident and the police was informed immediately by making telephonic call on police helpline no.
112. As per high school certificate, the age of victim is about 16 years and that in her statement, recorded under Section 161 and 164 Cr.P.C., she has made clear allegations that applicant has took her on the point of knife and committed rape.
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 Satish Gaur is hereby rejected.
Order Date :- 23.9.2021 A. Tripathi