DHIRESH KUMAR @ DHIRAJ Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Virendra Pratap Singh, learned counsel for applicant and learned A.G.A. for State.

(2.) Applicant-Dhiresh Kumar alias Dhiraj has approached this Court by way of filing the present Criminal Misc. Bail Application under Section 439 Cr.P.C. after rejection of his Bail Application vide order dated 03.11.2020 passed by Additional Sessions Judge/Special Judge, POCSO Act, Etah in Case Crime 206 of 2020, under Sections 363, 366, 376-D IPC and 3/4 POCSO Act, Police Station Jalesar, District Etah.

(3.) Learned counsel for the applicant submits that initially a FIR was lodged against three accused, namely, Ravi, Rakesh and Sandhya Devi under Sections 363, 366 IPC but applicant was not named. Later on statement of victim under Section 161 Cr.P.C. was recorded wherein the name of all the named accused in FIR was mentioned, still name of applicant was not mentioned. Thereafter, statement of victim was recorded under Section 164 Cr.P.C. on 09.06.2020, i.e., after a period of 20 days and for the first time name of applicant was mentioned alongwith Ravi, the named accused in FIR alleging that incident was happened in the night of 20.05.2020 at 2.00 PM. Learned counsel for applicant submits that initially in the FIR timing of incident is mentioned to be 2.00 PM afternoon. He also submits that named accused, Rakesh Kumar, has been enlarged on bail by this Court in Criminal Misc. Bail Application No. 32383 of 2020 vide order dated 15.10.2020. He also submits that applicant is innocent and has been falsely implicated in the present case. Lastly it is submitted that applicant has no criminal history and is languishing in jail since 14.07.2020 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.