Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17184 of 2021 Applicant :- Sompal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.,Sunil Kumar Srivastava
Hon'ble Om Prakash-VII,J.
Heard Sri Dhiraj Kumar Pandey, learned counsel for the applicant, Sri Sunil Kumar Srivastava for the informant, 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. 315 of 2020, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, P.S. Nagal, District Saharanpur with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and has not committed the present offence. The first information report was lodged by the father of the victim. Applicant was not named in the first information report. For the first time, name of applicant surfaced in the statement of victim recorded under section 161 Cr.P.C. Referring to the statements of victim recorded under sections 161 and 164 Cr.P.C., it was argued that there is contradiction in both statements. No prima facie case is made out against the applicant. Co -accused Jogi Lal has been granted bail by another bench of this court vide order dated 27.1.2021 in Cr.Misc.Bail Application No.5697 of 2021. Role assigned to the applicant is not distinguishable to such extent to deny him from bail. Thus, it was further argued that applicant is in jail since 13.9.2020 having no criminal history.
Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail and argued that victim is minor and she has consistently assigned the role of applicant for causing offence of rape upon her. Referring to the statements under sections 161 and 164 Cr.P.C. as well as medical evidence, it was also argued that a prima facie case is made out 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 Sompal is hereby rejected.
Order Date :- 29.7.2021 Gss