Sumit v. State of U.P.

Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2501 of 2019

Applicant :- Sumit Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Satsangi,Sarvesh Chandra Mishra

Counsel for Opposite Party :- G.A.,Pankaj Kumar Sharma

Hon'ble Raj Beer Singh,J.

The present bail application has been filed by the applicant in Case Crime No. 734 of 2018, under Section 363, 366, 376, 323, 342 of IPC and 3/4 of POCSO Act, Police Station Kasganj, District Kasganj with the prayer to enlarge the applicant on bail.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

It has been argued by learned counsel for the applicant that victim girl was a consenting party and that she has cooked up the case regarding kidnapping and alleged rape. FIR of the incident has been lodged on next date of incident and that recovery of victim girl has been made from an open place. Learned counsel argued that as per prosecution version, victim girl was taken away on a motorcycle and thereafter, by bus and she remained with applicant for about 13 days, which clearly shows that she was consenting party. It was further submitted that as per medical examination report, age of victim girl is 16 years and that applicant is languishing in jail since 26.08.2018 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.