Criminal Misc. Bail Application rejected. The High Court held that due to the serious nature of the allegations under the POCSO Act and gravity of offences, no case for bail was made out, despite applicant's defense of false implication.
Bail application rejected; application for enlargement on bail during pendency of trial denied.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3519 of 2022
Applicant :- Smt. Babli Opposite Party :- State Of U.P And 3 Others Counsel for Applicant :- Shyam Shanker Pandey,Bipin Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
As per office report, service upon informant/opposite party no. 2 is sufficient and she is present in the Court.
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. 328 of 2021, under Sections 376, 323, 120-B IPC and 5N/6 POCSO Act and 3/4 Immortal Traffic Prevention Act, police station Bhopa, District - Muzaffar Nagar, with the prayer to enlarge the applicant on bail during the pendency of trial.
As per version of the FIR, informant/victim (step daughter of the applicant) alleged that the applicant, who is her step mother by taking money from persons compels her to make physical relationship with them and the applicant offen calls persons and they always forcefully make physical relation with me. On objection, the applicant mistreats and beats her by bonding her hands and legs with rope. Accused applicant is harassing her mentally and physically.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present. The victim is though her step daughter but she is more careful and cautions about her. The victim always go outside the house without informing her and spent long hours with several male friends, and she always remains busy on mobile phones, therefore, the applicant interrupted her but the victim became annoyed on the objection of the applicant and on 22.9.2021 by misguiding some other persons she without information to the applicant had gone somewhere. Therefore, the applicant become worried and searched her but when she did not found, the applicant gave an application before the concerned police station. The applicant is a disabled lady and has three more children. It is further submitted that there are contradiction in the statement of the
victim recorded under Sections 161 and 164 Cr.P.C. and in her statement made before medical officer. The applicant has no criminal history. The applicant is in jail since 31.10.2021. In case the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Per-contra, learned AGA has vehemently opposed the prayer for bail and argued that facts narrated in the FIR is serious in nature. The victim in her statement under Section 161 Cr. P.C. and also under section 164 Cr. P.C. has correctly subjected to intercourse with several persons invited by her step mother after taking from money from them. As per marksheet of 8th class, her date of birth is 16.4.2004 and she was minor on the date of occurrence.
Considering the submissions of learned counsel for the parties, nature of allegations, 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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 11.1.2023 S.K.S.
Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant accused under Sections 376 IPC and POCSO Act.
2 provisions across 2 enactments
Smt. Babli
State Of U.P
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
