In a bail application under POCSO and IPC sections, the court rejected the plea, holding that the applicant is not entitled to bail considering the victim's minor age (14-15 years) and the gravity of the rape charges.
Bail application rejected; applicant not entitled to release on bail.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12889 of 2023
Applicant :- Neeraj Sharma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rohit Nandan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Dr. S.B. Maurya, learned AGA-Ist apprised the Court that on 16.03.2023, notice has been served to the informant of the case. Despite service of notice, none has appeared on behalf of the informant.
Heard Sri Rohit Nandan Pandey, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-Istt for the State-respondent.
The instant application has been filed seeking release of the applicant on bail in Case Crime No.74 of 2022, under Sections 376, 506 IPC & 3/4 POCSO Act, Police Station- Sector 126 Noida, District- Gautam Budh Nagar during pendency of the trial in the court below.
FIR of the present case was lodged against applicant under Sections 376, 506 IPC & 3/4 POCSO Act and according to the FIR, applicant committed rape with the minor daughter of the informant aged about 14 years and she came to know about this fact when doctor informed her that her daughter is pregnant of about 15 weeks and after enquiry her daughter informed that applicant committed rape with her.
Learned counsel for the applicant submitted that entire allegations made against the applicant are totally false and baseless and age of victim is more than 16 years and she is not aged about 14 years and he never committed rape with the victim and without any DNA report on the basis of wrong facts, applicant has been made accused in the present matter. He further submitted that applicant is not having any previous criminal history.
Per contra, learned AGA opposed the prayer for bail and submitted that due to rape committed by the applicant, daughter of the informant became pregnant and she is minor aged about 14 to 15 years, thus, applicant spoiled the entire life of the victim, therefore,
he does not deserves to be released on bail.
I have heard learned counsel for the parties and perused the record of the case.
Victim is hardly aged about 15 years and in her both the statements recorded under Section 161 and 164 Cr.P.C., she stated that applicant was continuously making physical relationship with her and due to the rape committed by the applicant, she became pregnant, therefore, considering the age of the victim, which is around 14 to 15 years, in my view, applicant is not entitled to be released on bail.
Accordingly, the instant bail application stands rejected .
Order Date :- 13.4.2023 Aditya
Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to release on bail given the gravity of the charges involving minor rape victims.
Whether the false age claim by the defence entitles the applicant to bail considering the FIR allegations.
Whether the applicant deserves bail despite the serious nature of the offence and lack of DNA report.
3 provisions across 3 enactments
Neeraj Sharma
State Of U.P.
3 Others
Hon'ble Sameer Jain,J .
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
