Allahabad High Court
Vipin Singh vs State Of U.P. & Anr. on 22 September, 2020
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- BAIL No. - 6515 of 2020 Applicant :- Vipin Singh Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.
1. Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.
2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No. 0325 of 2019, under Sections 363, 366, 354(B) and 354(D) IPC and Section 7/8 POCSO Act lodged at Police Station Antu, District Pratapgarh.
3. According to FIR, the prosecutrix, at the time of incident, was a student of Class-XI, aged around 16 years; while going to school, she was forcibly taken on motorcycle on gun-point by the accused-applicant along with co-accused; these two accused took her towards forest; after getting her undressed, they made her video clip; the victim was terrorized that if she would tell the incident to anyone, the accused would make viral the video-clip; and after three-four days, the victim narrated the incident.
4. The accused-applicant has criminal history of 19 cases which has been mentioned in the bail rejection order passed by the Additional Sessions Judge (POCSO Act), Court No. 1, Pratapgarh, which is as under:-
i. Crime No.518 of 2012 lodged at Police Station Sangrampur, District Amethi; ii. Crime No.165 of 2015 lodged at Police Station Sangrampur, District Amethi; iii. Crime No.277 of 2015 lodged at Police Station Sangrampur, District Amethi; iv. Crime No.289 of 2015 lodged at Police Station Sangrampur, District Amethi; v. Crime No.280 of 2015 lodged at Police Station Sangrampur, District Amethi; vi. Crime No.285 of 2015 lodged at Police Station Sangrampur, District Amethi; vii. Crime No.973 of 2016 lodged at Police Station Sangrampur, District Amethi; viii. Crime No.07 of 2017 lodged at Police Station Sangrampur, District Amethi; ix. Crime No.1173 of 2016 lodged at Police Station Sangrampur, District Amethi; x. Crime No.113 of 2016 lodged at Police Station Sangrampur, District Amethi; xi. Crime No.273 of 2019 lodged at Police Station Sangrampur, District Amethi; xii. Crime No.04 of 2020 lodged at Police Station Sangrampur, District Amethi; xiii. Crime No.353 of 2019 lodged at Police Station Gauriganj, District Amethi; xiv. Crime No.152 of 2018 lodged at Police Station Bhadokhar, District Raebareli; xv. Crime No.154 of 2018 lodged at Police Station Bhadokhar, District Raebareli; xvi. Crime No.210 of 2018 lodged at Police Station Bhadokhar, District Raebareli; xvii. Crime No.70 of 2017 lodged at Police Station Sangipur, District Pratapgarh; xviii. Crime No.71 of 2017 lodged at Police Station Sangipur, District Pratapgarh; and xix. Crime No.325 of 2019 lodged at Police Station Antu District Pratapgarh.
5. The learned counsel for the accused-applicant submits that the victim is 18 years of age and she went with the accused-applicant on her own volition.
6. On the other hand, Mr. Balram Singh, learned Additional Government Advocate submits that as per educational certificate, age of the victim is 15 years. The learned Additional Government Advocate further submits that the victim has supported the prosecution case fully in her statements recorded under Sections 161 and 164 CrPC.
7. Considering the criminal history of the accused-applicant and the fact that he has misused the liberty of bail, I do not find it to be a fit case for bail. Hence, the prayer for bail is hereby refused and the bail application is rejected.
Order Date :- 22.9.2020 MVS/-