Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25913 of 2021 Applicant :- Vishal Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Pathak Counsel for Opposite Party :- G.A.,Awadhesh Kumar Singh
Hon'ble Samit Gopal,J.
Heard Sri Rajesh Pathak, learned counsel for the applicant, Sri Awadhesh Kumar Singh, learned counsel for the first informant, Sri Pankaj Mishra, learned brief-holder for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Vishal, seeking enlargement on bail involved in Case Crime No.50 of 2021, u/s 363, 376 D.A, 506 I.P.C. and 3/4 POCSO Act, registered at Police Station Dhaulana, District Hapud.
Learned counsel for the applicant argued that although the applicant is named in the FIR lodged by the father of the victim but his implication is false and with malafide intention. It is argued that the occurrence in the present case is said to have taken place on 29.11.2020 but FIR has been registered on 15.2.2021 which is after a delay of about two and half months which is unexplained. It is further argued that the FIR, the statement of the victim recorded under Section 161 Cr.P.C. and 164 Cr.P.C. states that photographs and video of the act of gang rape were captured and recorded by the accused persons but no such photograph and video have seen the light of the day. The entire allegations as levelled in the FIR are false and incorrect and is concoction. It is further argued that the version as given in the FIR which has been lodged by the father of the victim is having variance with the statement of the victim recorded under Section 161 Cr.P.C. and 164 Cr.P.C., as such the implication of the applicant is false. It is further argued that the applicant has been implicated in the present case only because of the reason that he was having some friendship with the victim girl which is stated by her in her statement recorded under Section 164 Cr.P.C., where she states that she came in touch with the applicant through Facebook and used to talk on phone and also on video call. It is further argued that the victim on the call of the applicant went to a particular place from where she states to have been kidnapped by the applicant and co-accused persons and then gang rape is alleged to have been committed by the applicant along with co-accused persons. It has also been pointed out that the applicant is not having any criminal history as stated in para 23 of the affidavit and is in jail since 15.2.2021.
Per contra learned counsel for the first informant and learned A.G.A vehemently opposed the prayer for bail and argued that the present case is a case of gang rape. The age of the victim as per prosecution case is 15 years and 6 months, as such she is a minor. It is further argued that the high school mark sheet of the victim has been taken during investigation in which her date of birth is mentioned as 21.08.2005 and as such she is a minor which also corresponding as disclosed in the FIR. It is further argued that the delay in lodging the FIR is well explained by the victim herself as she had disclosed the same to her father and even in the FIR, there is a disclosure about delay which is a satisfactory explanation. The present case is a case of gang rape in which applicant is involved, as such prayer for bail be rejected.
After hearing the counsel for the parties and perusing the record, it is apparent that in the statement of the victim recorded under Section 161 Cr.P.C. and 164 Cr.P.C., there is allegation of gang rape against the applicant along with other co-accused persons. The victim is a minor girl aged about 15 years and 6 months as per the FIR and her high school mark sheet. The matter is serious in nature.
Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal, J.) Order Date :- 30.7.2021 Gaurav