KARUNA NAND BAJPAYEE,J. - (1.) The present criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed on behalf of appellant Mohit Sharma against the order dated 05.02.2018 passed by the Additional Sessions Judge, Hapur in Case Crime No.1346 of 2017, u/s 376(I) of I.P.C., Section-3/4 of POCSO Act and Section 3(2)5 of SC/ST Act, P.S.-Hapur Kotwali, District Hapur, whereby bail application of the appellant has been rejected.
(2.) Perusal of record shows that notice to the opposite party no.2 has already been issued and earlier on two occasions the case was listed but neither the opposite party no.2 nor any counsel on his behalf had turned up. Today also, when the case was taken up, the situation remains the same and therefore, this Court, keeping in view the heavy pendency of cases in the court, does not feel inclined to linger on the matter any further and deems it proper to decide the case on merits on the basis of record taking the assistance of learned A.G.A. Heard learned counsel for the appellant and learned A.G.A.
(3.) Submission of counsel for the appellant is that the victim was a major girl of about 18 years and she was a consenting party in the physical relationship between her and the accused-appellant and had gone on her own volition along with the appellant, and therefore, no case of rape is made out and the applicant should therefore be released on bail and the appeal deserves to be allowed.;