Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28506 of 2021 Applicant :- Suraj Opposite Party :- State of U.P.
Counsel for Applicant :- Manish Kumar Singh,Manish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Despite service of notice, none present for the informant in the revised call.
Heard Sri Manish Kumar Singh, learned counsel for the applicant, learned A.G.A for the State and perused the record.
This bail application has been filed on behalf of the applicant - Suraj involved in case crime no.74 of 2021 under Sections 376, 504 IPC and Section 5j(ii) / 6 POCSO Act, Police Station Rasoolabad, District Kanpur Dehat.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been implicated in this matter on the basis of false facts. He has not committed the present offence. No prima facie case is made out against the applicant. It is further submitted that if date of birth disclosed in the F.I.R., as per high school certificate, is taken into consideration, then victim was aged about 17 years, 7 months and 14 days at the time of incident. Physical relation was established with the victim by the applicant at her own free will. Thus, she was a consenting party. In fact, she was major. She was in love affair with the applicant. No complaint was made by her at any time prior to this F.I.R. Thus, referring to the entire document as well as statement of the victim recorded under sections 161 and 164 Cr.P.C., it is further submitted that offence under section 376 IPC is not attracted in the matter. Applicant is languishing in jail since 18.2.2021 having no criminal history. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail and argued that victim was minor at the time of incident. She was found pregnant as per her medical report. Since she was minor, plea taken by the applicant regarding establishing of physical relation on the basis of consent of the victim cannot be accepted. She supported her version in the statement recorded under section 164 Cr.P.C. Referring to the entire evidence annexed with the bail application, it is further argued that a prima facie case is clearly made out against the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature and gravity of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victim recorded under Section 161 / 164 CrPC and the medical evidence, the Court is of the opinion that the applicant has not made out a case for bail.
The bail application of the accused-applicant is rejected.
Order Date :- 28.10.2021 ss