Kuttu Alias Rajkaran v. State of U.P. and Another

Court No. - 36

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28016 of 2020

Applicant :- Kuttu Alias Rajkaran Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.

Hon'ble Ali Zamin,J.

Despite service, no one appears on behalf of opposite party no.2.

Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the material available on record.

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.196 of 2019, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, Police Station Khaga, District Fatehpur.

It is submitted by learned counsel for the applicant that according to the prosecution version on 12.5.2019 at about 01:00 to 2:00 a.m. in the night co-accused Vijai and Guddu drove the victim aged about 15 years. FIR has been lodged on 14.5.2019. Applicant is not named in the FIR. Victim was recovered on 30.6.2019 from Khaga railway station. In her statement u/s 164 Cr.P.C. she has not levelled any allegation against the applicant and she refused to conduct her medical examination. Second time, victim was medically examined but she has not levelled any allegation against the applicant. Radiological age of the victim is 15 years. He also submits that there is no possibility of fleeing away of the applicant from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. Applicant, having no criminal history, is languishing in jail since 31.7.2019.