The Allahabad High Court rejected a bail application filed by an accused in a rape and POCSO case. The court rejected the plea citing the gravity of the offence and the nature of evidence without expressing an opinion on merits.
The bail application is rejected.
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Neutral Citation No. - 2023:AHC:114187
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10016 of 2023
Applicant :- Waris Ali Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- S.S. Rajput Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
It has been informed by learned AGA that service of notice upon informant is sufficient.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 367 of 2022, under Sections 376 of IPC and Section 5/6 of POCSO Act, Police Station Jawan, District Aligarh with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and has been falsely implication due to party bandi. It is submitted that initially the FIR was lodged under Section 354Ka of IPC and later on it was converted into under Section 376 of IPC on the basis of the statement of the victim. The statement of the victim recorded under Section 164 Cr.P.C. is tutored and recorded after 8 days of the incident. The mother of the victim refused to get the victim medically examined therefore, there is no medical evidence of sexual assault. There is no eye witness of the incident. It is further submitted that applicant is languishing in jail since 17.01.2023 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.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail and argued that the age of the victim is 4-5 years. In her statement under Section 164 Cr.P.C. she made allegation of sexual assault against applicant and in her statement under Section 161 Cr.P.C. she reiterated the same statement and made specific allegation of rape. It is submitted that there is no reason for false implication.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and gravity of the offence, without expressing any opinion on merits of the case, the Court is of the view that the applicant is not entitled for the bail, therefore, the bail application is rejected.
Any observation made above shall not be treated as any finding on the merit and shall not prejudice the trial.
Order Date :- 24.5.2023 Mohit
Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving offences under Section 376 IPC and POCSO Act.
Waris Ali
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
