Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22117 of 2021 Applicant :- Abad Ahmad @ Babu Ji Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Bahadur Shivhare Counsel for Opposite Party :- G.A.,Anil Kumar
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned counsel appearing on behalf of informant and learned Additional Government Advocate representing the State and perused the record of the case.
Main substratum of argument of learned counsel for the applicant that applicant is aged about 62 years old. The complainant, who is mother of victim aged about 11 years lodged F.I.R. on 18.09.2018 on false facts, against the applicant making allegation inter alia of committing rape on her daughter. Investigating Officer after investigation submitted final report dated 01.11.2018. Thereafter on the protest petition filed by the complainant, final report has been cancelled and applicant has summoned to face trial. It is also submitted that in the medical examination report hymen of the victim has been found intact and her ossification test has not been conducted in the matter.
Per contra learned counsel for the complainant submits that victim in her statement under Section 164 Cr.P.C. has made clear allegation of rape against the applicant and also disclosed that the applicant is aged about 45 years. It is also submitted that investigating officer did not conduct fair investigation in collusion with accused applicant, therefore final report submitted by the I.O. has been cancelled by the concerned court below. It is also submits that even slightest penetration of penis into vagina without rupturing the hymen would constitute rape. He also relied upon the decision of the apex Court in case of Madan Gopal Kaddu Vs. Naval Dubey and another, (1992) 3 SCC 204.
While going through the bail application, I found that applicant has neither disclosed his age nor filed any age proof. As per statement under Section 164 Cr.P.C.of the victim, applicant is aged about 45 years, which has not been denied by the applicant in bail application.
prays for and is allowed three weeks time to file Counter affidavit and thereafter one week time is allowed to file rejoinder affidavit to the applicant.
List this case on 27.08.2021 before the appropriate the Bench.
Order Date :- 29.7.2021 Rahul.
Digitally signed by Justice Sanjay Kumar Singh Date: 2021.08.02 14:11:26 IST Reason: Document Owner Location: High Court of Judicature at Allahabad