Akash v. State of U.P. and 3 Others

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42637 of 2023 Applicant :- Akash Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vivek Kumar Counsel for Opposite Party :- G.A.,Ken Singh Hon'ble Sameer Jain,J.

¶1Heard Sri Vivek Kumar, learned counsel for the applicant; Sri K. N. Singh, learned counsel for the informant and Sri Jhamman Ram, learned AGA-I for the State-respondent.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 188 of 2023, under Sections 363, 366, 376 (3) IPC and section 4(2) POCSO Act, Police Station Malpura, District Agra, during pendency of the trial in the court below.

¶3FIR of the present case was lodged against the applicant and two others and according to the FIR, daughter of the informant aged about 13 years has been enticed away by the applicant with the help of co-accused persons.

¶4It is further mentioned in the FIR that victim has also taken Rs. 2,000/- and some jewelries.

¶5Learned counsel for the applicant submitted that although victim is around 13 years old and she made allegation of rape against the applicant under sections 161 and 164 Cr.P.C but on the instigation of her parents, she made allegation of rape against the applicant.

¶6He further submitted that actually victim and applicant were good friends and victim had gone alongwith the applicant but applicant never committed rape with her but subsequently when she returned then under the pressure of her parents, she started making allegation of rape against the applicant.

¶7He further submitted that at the time of her medical examination, victim categorically stated before the doctor that applicant did not commit rape with her.

¶8He further submitted that applicant is having no criminal history and he is in jail in the present matter since 30.6.2023.

¶9Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that victim is hardly 13 years old girl and she categorically stated in her both the statements recorded under sections 161 and 164 Cr.P.C. that applicant committed rape with her and applicant could not bring any reason for his false implication, therefore, he should not be released on bail.

¶10I have heard learned counsel for the parties and perused the record of the case.

¶11Although, it appears that at the time of her medical examination, victim before the Doctor stated that applicant did not commit rape with her but in her both the statements recorded under sections 161 and 164 Cr.P.C. she stated that applicant committed rape with her.

¶12Further, victim is hardly 13 years old girl and applicant could not bring any reason for his false implication, therefore, at this stage, statements of the victim recorded under sections 161 and 164 Cr.P.C. cannot be discarded merely on the endorsement made by the doctor.

¶13Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is not entitled to be released on bail.

¶14Accordingly, the instant bail application stands rejected.

¶15It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 17.10.2023 Ankita High Court of Judicature at Allahabad