CRLA/224/2021
2023 Latest Caselaw 804 UK

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                                          IA/1/2022 (Bail Application)
                                          In
                                          CRLA No.224 of 2021
                                          Hon'ble Sharad Kumar Sharma, J.

Mr. Amar Murti Shukla, learned counsel for the appellant/applicant.

Mr. V.K. Gemini, leaned Deputy Advocate General along with Ms. Meena Bisht, learned Brief Holder for the State.

Admittedly, the convict/ appellant is 35 years aged male, who is said to have been involved in the commission of offence under Section 363, 366, 376(2) (n) of IPC and that of Section 5(L)/6 of POCSO Act. As a consequence of the judgment of conviction, he has been directed to undergo a sentence of 10 years of rigorous imprisonment and a fine as against each of the offence has been imposed upon him by the judgment of conviction.

Learned counsel for the applicant has argued that in fact the victim was a consenting partner and, as such, the sole set of allegations cannot be levelled against the present applicant for alleged commission of offence.

So far as the factum of age of the victim on the date of commission of offence i.e. 25.05.2019 is concerned, on that day, she was approximately of 16 years of age and, admittedly, she was a minor. Even her consent for establishment of relationship may not be of much relevance for considering the bail application, due to her minority.

Apart from the fact that the medical report submitted by the Doctor, as well as the FSL report supports the prosecution's story, since, the applicant is involvement in the commission of heinous offence as against the minor, this Court is not inclined to release the applicant on bail.

The bail application is, accordingly, rejected.

List the matter in the first week of May, 2023 for hearing on the appeal.

(Sharad Kumar Sharma, J.) 24.03.2023 Sukhbant