Allahabad High Court
Ramashankar @ Pradhan vs State Of U.P. And 3 Others on 6 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47670 of 2022 Applicant :- Ramashankar @ Pradhan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhijit Mishra Counsel for Opposite Party :- G.A. Hon'ble Mayank Kumar Jain,J.
List revised.
As per office report, notice upon the opposite party no.2/victim has been personally served.
No one appears on behalf of opposite party no.2.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 51 of 2022, under Sections 376 IPC and 5L/5M/5N/6 POCSO Act, Police Station Fariha, District Firozabad with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It has further been submitted that there is matrimonial dispute between the applicant and his wife (informant) and a criminal case as Case Crime No. 171 of 2012, under Sections 323, 504, 498A I.P.C. is pending for trial. It has been further submitted that applicant is father of the victim and nothing adverse has been observed during medical examination of the victim. It has further been submitted that due to matrimonial dispute between the applicant and informant, the victim has given tutored statement under Section 164 Cr.P.C. It has further been submitted that applicant is languishing in jail since 15.06.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail and argued that in the present case victim is 10 years old daughter of the applicant and she has levelled very serious allegation of rape against her father in her statement recorded 164 Cr.P.C., therefore, the applicant is not entitled to be released on bail.
I have heard the rival submissions of the parties and perused the entire record.
Considering the submissions of learned counsel for the parties, nature of allegations and gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that no case for grant of bail is made out. Hence, the bail application is hereby rejected Any observation made above shall not be treated as any finding on the merit and shall not prejudice the trial.
Order Date :- 6.2.2023 AKT