In Criminal Misc. Bail Application No. 1945 of 2019, the Court rejected bail for Amit Saini charged with kidnapping, abduction, and sexual assault offences under IPC and POSCO Act, due to the gravity of offences and allegations against a minor.
Bail application rejected; trial directed to be expedited.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1945 of 2019
Applicant :- Amit Saini Opposite Party :- State of U.P. Counsel for Applicant :- Rizwan Ullah Siddiqui,Ashish Kumar Gupta Counsel for Opposite Party :- G.A.,Sufia Saba
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, 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. 52 of 2018, under Sections 363, 366A, 376(2) Jha I.P.C. and Section and 3/4 of Protection of Children in Sexual Offences Act, Police Station Biharigarh, District Saharanpur with the prayer to enlarge the applicant on bail.
It has been argued by the learned counsel for the applicant that applicant has been falsely implicated in this case. Prosecutrix was a consenting party and that she has accompanied applicant with her own free-will and has stayed in hotel. It was further stated that the prosecutrix is a major girl and the school transfer certificate regarding age of victim, filed by prosecution, is not reliable and that certificate has been issued after registration of the case. In her statement under Section 164 Cr. P.C., victim has alleged that even before this incident, applicant has established physical relation with her for several times but she has not lodged any FIR against the applicant regarding those earlier instances, which shows that she is making false allegation. It was further submitted that ossification
test of victim has not been conducted with intention to conceal her real age. It was further submitted that as per medical examination report, victim has not sustained any injury on her body and that the allegation of rape is not supported by the medical examination report. It was submitted that applicant is in judicial custody since 09.05.2018, having no criminal history and that in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail and argued that victim is minor and as per her school transfer certificate, her date of birth is 15.09.2004. In statement under Section 161 and 164 Cr. P.C., she has stated her age 15 years and victim has made allegations of kidnapping and rape against the applicant.
Considering the submissions of learned counsel for the parties, nature of allegations, gravity of offence and all the attending facts and circumstances of case, this Court is not inclined to grant bail to the applicant. Hence, the bail application of Amit Saini is hereby rejected .
However, keeping in view period of incarnation of applicant, learned trial court is directed to expedite the trial.
Order Date :- 5.12.2019 T.S.
3 issues framed by the court
Whether bail should be granted to the applicant charged with offences under Sections 363, 366A, 376(2) IPC and POSCO Act.
Whether the school transfer certificate regarding the victim's age is reliable.
Whether the alleged medical report indicates absence of injury to support rape charges.
2 provisions across 2 enactments
Amit Saini
State of U.P.
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
