ALOK Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Manoj Kumar Misra, the learned counsel for the applicant, Shri Aniruddha Singh, the learned A.G.A.-I for the State as well as Shri Hemant Kumar Mishra, the learned counsel for the complainant/ opposite party No. 2, and perused the record.

(2.) The applicant, Alok, has moved the present bail application seeking bail in F.I.R. No. 0261 of 2019, under Sec. 376-D I.P.C. read with Sec. 5(g)/6 of Protection of Children From Sexual Offences Act, Police Station Maholi, District Sitapur. Learned counsel for the applicant further submits that the applicant is not named in the F.I.R. and he is innocent and has falsely been implicated in the present case. There is no role of applicant in the commission of offence. His name has been taken with malicious intention to falsely implicate and to defame the image of applicant and his family members in the society. The applicant has not committed rape as alleged by the prosecution. The victim has taken the name of applicant in her statement recorded under Sec. 164 Cr.P.C., only on the pressure created by her family members but no allegation of rape was made therein against the applicant. During the course of investigation no material was found against the applicant, as such his name does not find place in the charge sheet. Learned counsel for the applicant submits that the name of applicant was surfaced in the statements of P.W.1 and P.W.2 during the course of trial. Thereafter, informant moved an application under Sec. 319 Cr.P.C., whereupon the learned Magistrate, without considering the evidence available on record, in a cursory manner, passed an order dtd. 24/3/2021, summoning the applicant to face the trial, thereafter, applicant surrendered before the court concerned on 5/10/2021 and since then he is in jail.

(3.) Learned counsel for the applicant further submits that the main accused, namely, Shivam, Suraj and Girdhar have already been granted bail by different coordinate Benches of this Court vide orders dtd. 30/5/2022 and 6/7/2022 passed in Criminal Misc. Bail Application Nos. 49, 2961 and 673, all of the year, 2022, respectively. The case of the applicant is not on the worse footing than that of the aforesaid co-accused, where named in the F.I.R. and have been granted bail by this Court, whereas the applicant was not named in the F.I.R. and his name was maliciously taken by P.W.1. and P.W.2 only within intention to implicate him falsely.