Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10918 of 2021 Applicant :- Shan Mohammad @ Shanu Opposite Party :- State Of U.P And Another Counsel for Applicant :- Alok Ranjan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Counter affidavit, filed by the learned counsel for the applicant, is taken on record.
Heard learned counsel for the applicant, 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. 163 of 2020, under Sections 363, 366, 376(2), 506 IPC and Section 3/4(2) of POCSO Act, P.S. Shivrajpur, District Kanpur Nagar, 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 not committed any offence. The alleged incident of kidnapping has been shown of 16.09.2020 but FIR has been lodged on 24.09.2020 and no explanation for delay in lodging the FIR has been shown. It was further stated that in her statement under Section 161 Cr.P.C, victim girl has not made any allegation against the applicant and she has stated that she has gone with applicant with her own free will. It was stated that school certificate regarding age of victim is not reliable document and in fact victim is a major girl. It has been further submitted that in her statement, recorded under Section 164 Cr.P.C., victim girl has made false allegation of molestation against the applicant. Lastly, it was submitted that the applicant is languishing in jail since 03.10.2020 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. has opposed the prayer for bail and argued that as per educational record, victim is aged merely 14 years and that in her statement under Section 164 Cr.P.C., she has made allegations of molestation against 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 Shan Mohammad @ Shanu is hereby rejected.
However, considering the facts of the matter and period of incarceration of applicant, trial court is directed to expedite the trial and to decide the same preferably within a period of one year from the date of filing of certified copy of this order, if there is no other legal impediment.
Order Date :- 25.10.2021 A. Tripathi