Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10776 of 2020 Applicant :- Vipin @ Hori Lal Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Prashant Saxena Counsel for Opposite Party :- G.A.,Rajeev Kumar Singh Parmar
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant, Vipin @ Hori Lal, has prayed to release him on bail in Case Crime No. 238 of 2019, under Sections- 363, 366, 376 I.P.C. and 3/4 of POCSO Act, Police Station-Kamalganj, District-Farrukhabad.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 17.10.2019. He is of no criminal antecedent. There is no medical age determination of prosecutrix whereas, it is a general trend that in education record the date of birth gets written lesser than original. It was a consensual fleeing and living with the applicant. In statement under Section 161 Cr.P.C. there is nothing incriminating against the applicant. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed with the contention that the date of birth was written in instantly lodged First Infomration Report by father of the informant as 07.07.2004 and the same is there in the matriculation certificate, attached with case diary, according to which prosecutrix is 15 years of age on the date of occurrence and even if the occurrence was with consent, the consent is of no avail because she is a girl of 15 years of age. Statement recorded under Section 161 Cr.P.C. is fully intact wherein enticing and taking by fear and force is there. It was an offence of rape and there is every likelihood of applicant's fleeing from course of justice and tempering with evidence in case he is released on bail.
Having heard learned counsel for both the parties, gone through the material placed on record, it is apparent, that First Information Report was instantly got lodged by the the father of the prosecutrix Ram Ladaite, against the applicant and one other with specific contentions of enticing and taking away the prosecutrix from lawful gurdianship of the informant. Same is the statement of the prosecutrix recorded under Section 161 Cr.P.C., wherein, it has been specifically said that she was abducted by the applicant by force. Considering the nature of accusations, severity of the punishment in the case of conviction but without expressing any opinion on the merits of the case, no case for bail is made out.
Bail application is rejected, accordingly.
Order Date :- 6.1.2021 Deepak/