Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4144 of 2019 Applicant :- Shailesh Upadhyay Opposite Party :- State Of U.P.
Counsel for Applicant :- Mamta Singh, ,Nagendra Bahadur Singh Counsel for Opposite Party :- G.A.,Anoop Baranwal
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State as well as Sri Anoop Baranwal, learned counsel for the complainantj.
Applicant has moved the present third bail application seeking bail in Case Crime No.391 of 2016 u/s 342, 376-D IPC and 3/4 POCSO Act PS Kotwali District Azamgarh. The first and the second bail applications were rejected by this Court vide orders dated 28.3.2017 and 13.4.2018 respectively.
The third bail application is being pressed on the ground that the statement of the victim has been recorded and thus, there are no chances of tampering the witnesses.
I have perused the statement of the victim which has been annexed as Annexure-1 with the supplementary affidavit dated 15.3.2019. The victim is consistent in her statement. As per the FIR the victim is 14 years of age and as per the medical she is above 16 years, nevertheless the fact remains that she is minor.
Looking to the presumption under the POCSO Act, gravity of offence and the severity of punishment, no case for grant of any indulgence is made out.
Accordingly, the third bail application is rejected.
Order Date :- 21.8.2019 SP