VINOD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Rakesh Pathak, learned counsel for the applicant, learned A.G.A. and perused the record.

(2.) The present first bail application has been filed on behalf of the applicant in Case Crime No. 42 of 2023 under Ss. 342, 354 I.P.C. and Sec. 9/10 POCSO Act Police Station-Parasrampur, District-Basti with the prayer to enlarge him on bail.

(3.) Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. As per F.I.R., the applicant has confined the victim in his house, however, as per the statement of the victim recorded under Sec. 164 Cr.P.C. the victim was confined in her own house. It is submitted that there is clear contradiction in the statement of the victim recorded under Sec. 161 Cr.P.C. and 164 Cr.P.C. It is further submitted that as per the medical report, no injury is found on the person of the victim. As per the statement of witnesses Arti Devi and Phoolan Devi recorded under Sec. 161 Cr.P.C., the witnesses stated that applicant lured the victim on the pretext of giving her guava and confined her in his home and when the witnesses reached the home of applicant and knocked on the door, victim came out weeping and told the story to the witnesses. It is further contended that the statement of the witnesses recorded under Sec. 161 Cr.P.C. does not corroborate with the statement of the victim recorded under Sec. 164 Cr.P.C. Applicant is languishing in jail since 8/2/2023 having no criminal history and if he is granted the liberty of bail he will not misuse the same and he is ready to furnish his sufficient sureties, bonds and personal bonds. Despite service of notice to opposite parties No. 2 to 4, none appeared on behalf of the informant. On the other hand, learned AGA has opposed the prayer of bail but could not controvert the aforesaid arguments as advanced by learned counsel for the applicant.