Dismissed

Neeraj Saini @ Kalka Prasad v. State of U.P. and Another

Allahabad HC3 Dec 2022BAIL/12750/2021

Case brief

AI extract

What is this about?

In a bail application regarding charges of sexual assault and POCSO violations, the court rejected the plea for enlargement, distinguishing it from a co-accused's bail due to factual discrepancies regarding victim injuries and lack of reliability in the applicant's parity argument.

What did the court decide?

Bail application rejected. Enlargement on bail not granted.

Neeraj Saini @ Kalka Prasad Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12750 of 2021

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Applicant :- Neeraj Saini @ Kalka Prasad Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajiv Kumar Mishra,Anand Kumar Mishra

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Counsel for Opposite Party :- G.A.,Vikas Tiwari

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate for the State, Mr. Vikas Tiwari, learned counsel for the complainant and perused the material available on record.

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By means of this application, the applicant is seeking enlargement on bail during the trial in Case Crime No.0772 of 2020, under Sections 376-D, 323, 506 IPC and 5 G.L./6 POCSO Act, Section 3 (2) (v) SC/ST Act, Police Station Kotwali Orai, District Jalaun.

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Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. The applicant has not committed any offence as alleged in the impugned first information report. There is material contradictions in the statement of the victim recorded under Sections 161 and 164 Cr.P.c. As per medical report, the age of the victim is about 18 years whereas as per High School Certificate, the date of birth of the victim is mentioned as 06.11.2004 meaning thereby the victim was aged about 15 years 11 months and 9 days of the alleged incident. He has further submitted that similarly placed co-accused, namely, Gaurav @ Deependra Soni has already been enlarged on bail by another co-ordinate Bench of this Court by orders dated 22.08.2022 passed in Criminal Misc. Bail Application No.7255 of 2022,

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copy of bail order has been provided by learned counsel for the applicant is kept on record. Since the similarly placed co accused has already been enlarged on bail, the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 16.12.2020 having no previous criminal history.

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Per contra, learned A.G.A. as well as learned counsel for the complainant have vehemently opposed the prayer for bail, but could not controvert the submissions made by the learned counsel for the applicant.

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Perusal of record shows that there are six injuries found on the body of the victim but in the bail order of co-accused Gaurav @ Deependra Soni, the counsel for the applicant in that case had submitted that there is allegation in the statement of the victim that she was dragged by Gaurav and co-accused, but no injury was found on the body of the victim. Such order has been obtained by counsel for the applicant on concealment of fact, therefore, in my opinion, no case for bail on the ground of parity is made made out.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, I am of the view that it is not a fit case for bail.

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The bail application has no force and is, accordingly, rejected .

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Order Date :- 3.12.2022

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Ajeet

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Digitally signed by AJEET KUMAR PATEL Date: 2022.12.03 15:37:51 IST Reason: Location: High Court of Judicature at Allahabad

Neeraj Saini @ Kalka Prasad v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Neeraj Saini @ Kalka Prasad v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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