Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29939 of 2018 Applicant :- Anil Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Amit Mishra, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant-Anil seeks bail in Case Crime No.80 of 2018, under Sections 376D I.P.C. and 3/4 of The Protection of Children From Sexual Offences Act, Police Station G.R.P. Junction, District Bareilly.
In brief, the prosecution case as narrated in the First Information Report lodged by one Sabir Ali on 26.4.2018 is that on 25.04.2018 at about 10.00 a.m., he found a young girl aged about 15-16 years, weeping. When he inquired from her, she disclosed her name and on being asked for reason for her crying, she told that in the intervening night of 24/25.04.2018 at about midnight when she was sitting in front of exit of railway station at a divider an auto-driver and two others took her in the auto and all of them raped her in a room near a bridge. As per the medical report the victim is aged about 16 years.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case by the first informant who bore personal grudge and enmity with him. The reasons for false implication have been mentioned in paras 14-15 of the affidavit filed in support of the bail application. He has further stated that there are material contradictions with regard to the participation of the accused in the crime in the statements of the victim recorded under Section 161 and 164 Cr.P.C. He has further stated that none of the family members of the victim had come forward. The prosecution case of commission of rape is wholly false and fabricated. Thus the applicant, who is in jail since 27.04.2018, may be enlarged on bail during trial.
Per contra, learned A.G.A. has vehemently opposed the prayer for the bail and submitted that the victim is a poor girl aged about 16 years and she used to earn her livelihood at the railway station. The applicant and other co-accused, taking advantage of her poverty and destitution, by making false allegation of her being involved in the theft of mobile phone, committed gang-rape on her. In the medical report, the doctor opined that sexual violence cannot be ruled out. Lastly, he submitted that the first informant is, in fact, a messenger of God who had come for rescue of a poor and destitute girl and reasons given in paras-14 and 15 of the affidavit for false implication of the applicant have no legs to stand on. He argued that the informant runs a shop in front of railway station and he could not have fabricated the story in order to implicate the applicant and other accused in order to earn a wrath of these persons. Prima facie, there is sufficient material on record to make out an offence of gang-rape against the applicant and other co-accused. Therefore, the applicant is not entitled to be released on bail.
In the facts and circumstances of the case,I do not find any ground to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
Order Date :- 24.9.2018 MN/-