Vikash v. State of U.P.

Court No. - 90

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42987 of 2020

Applicant :- Vikash Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Pandey Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard Sri Ajay Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

The instant bail application has been filed on behalf of the applicant Vikash with a prayer to release him in Case Crime No.102 of 2020, under sections 363, 366, 376 I.P.C. & under Section 5/6 POCSO Act 2012, Police Station Charwa, District Kaushambi during pendency of the trial.

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. Juvenile Board by order dated 29.09.2020 has declared the victim Jalsa Devi as major, copy of the order of Juvenile Justice Board, Kaushambi dated 29.09.2020 is annexed as Annexure 8 to the bail application. The statements of the victim recorded under sections 161 & 164 Cr.P.C. are not disclosing the offence under sections 363, 366 & 376 I.P.C. & under section 5/6 POCSO Act. In the statement of the victim recorded under section 164 Cr.P.C., no whisper about rape against the applicant is made out but the victim has deposed that she on her own volition went alongwith applicant and solemnized marriage and lived with the applicant. The statements recorded under sections 161 & 164 Cr.P.C. are contradictory and not supporting the version of the FIR and medical report. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 27.09.2020.