Court No. - 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27862

of 2020

Applicant :- Ankit Shukla

Opposite Party :- State Of U.P.And Another

Counsel for Applicant :- Krishna Dutt Awasthi

Counsel for Opposite Party :- G.A.

Hon'ble Ram Krishna Gautam,J.

By means of this application the applicant Ankit Shukla has

prayed to release him on bail in Case Crime No. 90 of 2020

related with Sessions Trial No. 570 of 2020 u/s 452, 376, 506

IPC and Section 4 of POSCO Act, Police Station Mangalpur,

District Kanpur Dehat.

Heard learned counsel for the applicant and learned AGA

representing the State. Perused the record.

Learned counsel for the applicant argued that the applicant is

innocent and he has been falsely implicated in this very case

crime number. Applicant is in jail since 18.2.2020 and there is

no likelihood of applicant's fleeing from course of justice or

tempering with evidence in case he is released on bail.

Applicant is of no criminal antecedents. He is a police

constable. He had given money to the informant and it was

about Rs. 85,000/-. He was at above place on the same day for

attending the marriage of his relative of which invitation card is

there at page 48 of the paper book . She was said to be paid Rs.

10,000/- on above day for which he was at home of informant,

but he was taken inside the house, bolted inside the house and

police was summoned who took him at about 12:00 AM. Then

after this occurrence of 12:00 AM of 18.2.2020 was reported at

21:15 PM of 18.2.2020 with above accusation of rape, whereas

no medical progression is there. There is variation in the

statement under Section 161 and 164 Cr.P.C. Even after asking

by Inspector In-charge of Police Station concerned, medical

examination in that very case was refused and information

under Right to Information Act was obtained by the applicant

wherein date of birth is of January, 2001 i.e. she was about 20

years on the alleged date of occurrence. Hence bail has been

prayed for during trial.

Learned counsel for the informant as well as learned AGA has

vehemently opposed the bail application with contention that

prosecutrix is fully intact in her statements recorded under

sections 161 and 164 Cr.P.C. Applicant was apprehended from

the house of informant. He is a police personnel. This offence

of rape was there and there is every likelihood of fleeing from

the course of justice or tempering with evidence, in case of

release on bail.

Having heard learned counsel for the parties and gone through

material placed on record, it is apparent that occurrence was of

18.2.2020 at 12:00 AM and it was reported at police station

instantly. No doubt report was lodged at 21:15 PM, but as

applicant was police personnel hence this lodging of report with

such delay may be owing to initial inquiry with regard to fact,

but police was instantly informed and applicant was taken from

the place of occurrence by police. He was bolted inside a room

where this occurrence took place. Presence of applicant at the

spot is undisputed and taking by the police is also undisputed.

Prosecutrix in her own statement under sections 161 and 164

Cr.P.C. has categorically said about rape committed by the

applicant.

Under all above facts and circumstances, heinousness of

offence, vulnerable of poor feminine, likelihood of tampering

the evidence and the likelihood of fleeing from course of

justice, it is not proper to grant of bail to accused applicant.

Hence, the bail application stands rejected.

Order Date :- 8.1.2021

Ravi Prakash