Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25743 of 2021 Applicant :- Shubham Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajeet Kumar Srivastava 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 involved in Case Crime No.236 of 2020, under Sections 376, 506 IPC & 3/4 POCSO Act, P.S. Chandwak, 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 not committed any offence. Alleged incident has been shown of 20.12.2020 and FIR has been lodged on 21.12.2020 and that in the FIR, there were no allegations against applicant, which was lodged under Sections 354 (kha), 506 IPC & 7/8 POCSO Act, Learned counsel has referred the statement of victim girl, recorded under Section 161 & 164 Cr.P.C., and submitted that her allegation that applicant has committed rape upon her, is false and baseless and that she was medically examined after two days of incident but no external or internal injury has been shown on the body of victim girl, which falsify her version. It was submitted that in fact there was a dispute between the parties over drainage and that applicant was falsely implicated due to that reason. It was submitted that applicant is languishing in jail since 22.12.2020 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned has opposed the prayer for bail and argued that victim is a minor girl, aged 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 dragged her into the house and committed rape upon her.
Considering the submissions of learned counsel for the parties, nature of accusations, gravity of offence and all attending facts and circumstances of the case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Shubham Verma is hereby rejected.
Order Date :- 7.10.2021 Neeraj