HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 33627 of 2019
Applicant :- Dev Kumar
Opposite Party :- State of U.P.
Counsel for Applicant :- Rabindra Tiwari
Counsel for Opposite Party :- G.A.
Hon’ble B. Amit Sthalekar,J.
Heard Sri Rabindra Tiwari, learned counsel for the applicant and learned AGA for the respondents as well as perused the documents on record.
This instant bail application has been filed on behalf of the applicant Dev Kumar with a prayer to release him on bail in Case Crime no. 150 of 2019 under Section 377 I.P.C. and Section 3/4 POCSO Act, Police Station Sungarhi, District Pilibhit during the pendency of trial.
As per the FIR, on 2/4/2019 at about 6:00 PM the son of the informant who is 12 years old went to the sugarcane fields where the applicant was already present who committed rape upon him. The incident was witnessed by the brother of the informant Narotam Kumar, who while going to his field heard the scream of his nephew and reached the field and seeing him the accused ran away. The brother of the informant brought his nephew home.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case as would be evident from the medical report of the victim wherein it is mentioned that no internal or external injury is present on the body of the victim. It is further submitted that the applicant has no criminal antecedent and is languishing in jail since 3.4.2019. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties, without expressing any opinion on merit of the case, prima facie, in my opinion, no case for grant of bail is made out.
The bail application is accordingly, rejected.
Order Date :- 20.11.2019/Kirti