Anuj, the individual accused of kidnapping and raping a minor girl, has been granted conditional bail by the Allahabad High Court.
Justice Shekhar Kumar Yadav, sitting alone on the bench, issued this order during the hearing of a Criminal Miscellaneous Bail Application submitted by Anuj.
A bail application has been submitted on behalf of the applicant in a case involving Sections 363, 366, 376 of the IPC, along with provisions under the POCSO Act and Section 3(2) of the SC/ST Act. The application has been filed at the Shahpur Police Station in Muzaffar Nagar, with the request to grant bail to the applicant. According to the prosecution's account, it is claimed that the informant's 14-year-old daughter has been lured away by the applicant.
The applicant's counsel contends that the applicant is completely innocent and has been wrongly involved in the case. The applicant has not been found guilty of any wrongdoing as claimed in the disputed FIR.
The attorney representing the applicant argued that the victim was examined in the court below, where she did not support the prosecution's account and instead became uncooperative. According to the medical examination report, no internal or external injuries were detected on the victim's body.
He added that significant discrepancies exist in the victim's statements as recorded under Sections 161 and 164 of the Criminal Procedure Code. There is a lack of direct and credible evidence or eyewitnesses implicating the applicant in the case. Numerous additional submissions have been presented to the Court to showcase the inaccuracy of the claims against the applicant.
The counsel thoroughly discussed the circumstances that supposedly resulted in the wrongful accusation of the accused. Assurances have been provided by the applicant, indicating his willingness to collaborate with the legal process and faithfully appear before the court as necessary. He pointed out that the applicant has been in jail since March 31, 2024, without any prior criminal record.
The applicant's counsel and the A. G. A expressed strong opposition to the bail request but were unable to refute the arguments presented by the applicant's counsel.
The Court observed that, after carefully examining the facts and circumstances of the case, reviewing the record, and taking into account the nature of the allegations and arguments put forth by the counsels for both parties, it would be appropriate to grant bail in this instance, without forming any specific opinions on the case's merit.