Aman Alias Virendra v. State of U.P. and 3 Others

Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50463 of 2023 Applicant :- Aman Alias Virendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amit Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Vakalatnama filed by Shri Ram Tiwari on behalf of the informant is taken on record.Rejoinder afÏdavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant; Shri Ram Tiwari, learned counsel for the informant as well as the learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Aman Alias Virendra, with a prayer to release him on bail in Case Crime No. 115 of 2023(Session Case No.1215 of 2023), under Sections 452,376(3) IPC and section3/4(2) POCSO Act, Police Station Sadh, District-Kanpur Dehat, during pendency of trial. There are allegations against the applicant of committing offences of rape of minor girl after entering into her house.Learned counsel for the applicant has submitted that it is a case of false implication.First Information Report is delayed by one day. . Learned counsel for the informant and learned AGA have vehemently opposed the prayer for bail of the applicant. After considering the rival contentions, this court finds that victim in her first statement before the doctor and statements recorded under sections 161 and 164 Cr.P.C. has made clear allegation against the applicant. As per ossification test report of the victim she is aged about 15 years.In her medical examination report injury has been found in her private part. This Court after hearing the learned counsels for the parties does not finds any ground for enlarging the applicant on bail at this stage. The bail application is accordingly rejected. The court below is directed to conclude the trial against the applicant, as expeditiously as possible, preferably within a period of one year from the date of production of certified copy of this order. Order Date :- 15.12.2023 Atul kr. sri. High Court of Judicature at Allahabad