Indrajeet Narayan Singh v. State of U.P. and 3 Others

Neutral Citation No. - 2023:AHC:111816

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16531 of 2023

Applicant :- Indrajeet Narayan Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kamal Dev Rai, Ajay Kumar Counsel for Opposite Party :- G.A., Sudhir Kumar Singh

Hon'ble Mayank Kumar Jain,J.

Supplementary affidavit filed on behalf of applicant and the counter affidavit filed on behalf of informant in Court today, are taken on record.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.

The present bail application has been filed on behalf of applicant in Case Crime No. 125 of 2022, under Sections 363, 366, 376 I.P.C. and Section 5 J(ii)/6 of POCSO Act, Police Station Rewatipur, District Ghazipur with the prayer to enlarge the applicant on bail.

It is submitted by learned counsel for applicant that applicant is innocent and has not committed any offence as alleged in the first information report. The victim in her statement recorded under Section 161 Cr.P.C. did not make any allegation of kidnapping against the applicant but stated that she accompanied the applicant with her own accord. Since the applicant is a teacher, the victim fell in love with the applicant. The victim in her statement recorded under section 164 Cr.P.C. she reiterated the aforesaid version as of 161 Cr.P.C. The victim is a major. She refused to undergo her medical examination. No allegation of rape has been leveled against the applicant. It is also stated that as per Bihar State School Secondary Examination, 2023 the date of birth of the victim has been mentioned as 29.11.2005 and further the victim is having pregnancy of about nine weeks. Learned counsel for applicant lastly submits that applicant is in jail since 07.01.2023 having no criminal history and that in case applicant is enlarged on bail, applicant will not misuse the liberty of bail.