Criminal bail application filed by Rampat Alias Subhash in a case involving Section 376AB IPC and P.O.C.S.O. Act. Bail was rejected as no case was made out due to gravity of offence against a minor, without expressing opinion on merits.
Prayer for release on bail was rejected.
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Neutral Citation No. - 2023:AHC:103123
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16585 of 2023
Applicant :- Rampat Alias Subhash Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Manoj Kumar Mishra Counsel for Opposite Party :- G.A.,Saumya Srivastava,Ved Prakash Pandey
Hon'ble Mayank Kumar Jain,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 436 of 2022, under Sections 376AB, 377, 323, 506 of IPC and Section 5(M)/6 of P.O.C.S.O. Act, Police Station Kalan, District Shahjahanpur with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. There is no independent eye witness of the incident. In her statement under Section 164 Cr.P.C. the victim stated at the time of incident wife of the applicant was also present and she also saw the incident but did did not do anything. It is submitted that it is not possible that before his wife a person can commit sexual assault with another girl. It is also submitted that at the time of incident no alarm was raised by the victim. There was monetary dispute between the father of the victim and applicant, therefore, this case has been lodged. It is submitted that in medical examination also, no injury was found on the person of the victim. It is further submitted that applicant is languishing in jail since 22.08.2022 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 as well as learned counsel for the informant have opposed the prayer for
grant of bail and argued that the victim is a minor girl and as per the medical examination, her age is determined to be 12 years at the time of incident. In the first information report, in her statement under Section 161 and 164 Cr.P.C. she has made specific allegation of rape and committing unnatural offence upon her. It is submitted that during course of trial victim has corroborated the prosecution version in her statement.
Considering the submissions of learned counsel for the parties, nature of allegations and gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that no case for grant of bail is made out. Hence, the bail application is hereby rejected
Any observation made above shall not be treated as any finding on the merit and shall not prejudice the trial.
Order Date :- 12.5.2023 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 sexual assault under IPC and P.O.C.S.O. Act.
5 provisions across 2 enactments
Rampat Alias Subhash
State Of U.P.
Mayank Kumar Jain
Mohit Kumar Kushwaha
As recorded by the court registry
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