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

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44878 of 2023 Applicant :- Ramveer Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sunil Kumar,Hira Lal Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Sri Imran Khan, learned AGA apprised the Court that on

16.10.2023 notice has been served to the informant. Despite service of notice, none appeared on behalf of the informant.

¶2Heard Sri Sunil Kumar, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent.

¶3The instant application has been filed seeking release of the applicant on bail in Case Crime No. 191 of 2023, under Sections 376/506 IPC and under section 5/6 POCSO Act, Police Station Shamsabad, District Farrukhabad, during pendency of the trial in the court below.

¶4FIR of the present case was lodged against the applicant and according to the FIR for last six months, applicant was sexually exploiting the daughter of the informant aged about 14 years and he also continuously committing rape with her.

¶5Learned counsel for the applicant submitted that the entire allegations made against the applicant are totally false and due to village parti bandi, applicant has been made accused in the present matter.

¶6He further submitted that although according to the prosecution, victim was minor girl below 18 years of age but in spite of that during her medical examination, doctor did not find any injury.

¶7He further submitted that there are material contradictions in the statements of the victim recorded during investigation.

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

6.8.2023.

¶9Per contra, learned AGA opposed the prayer for bail and submitted that victim is hardly 15-16 years old girl and she in her both the statements recorded during investigation made allegation of rape and sexual exploitation against the applicant and applicant is middle aged person aged about 55 years and therefore, he should not be released on bail.

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

¶11Considering the fact that applicant is about 55 years old man and victim is hardly 15 years old girl and she in her both the statements recorded during investigation made allegation of rape against the applicant and applicant could not bring any good reason for his false implication, in my view, applicant is not entitled to be released on bail.

¶12Accordingly, the instant bail application stands rejected.

¶13It 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 :- 6.11.2023 Ankita High Court of Judicature at Allahabad