JUDGMENT Ravindra Singh, J.
1. This is second bail application which has been filed by the applicant Babloo with a prayer that he may be released on bail in case Crime No. 123 of 2004 under Sections 376 and 506 I.P.C. P.S. Paschim Shareera district Kaushambi. The Criminal Misc. First Bail application No. 13164 of 2005 filed by the applicant has been rejected by this Court on 13.9.2005 considering the case on its merits.
2. Heard Sri J.S. Sengar, learned Counsel for the applicant and the learned A.G.A.
3. It is contended by the learned Counsel for the applicant:
I. That the applicant has been falsely implicated in the present case because prior the alleged occurrence Raja Ram, father of the prosecutrix, had made an application under Section 156(3) Cr.P.C. before the learned C.J.M. Kaushambi against the applicant and two other co-accused persons alleging therein that on 13.8.2004 at about 11.00 p.m. while the prosecutrix was going outside of her house for easing herself, she was raped by the applicant and the other co-accused persons by force. The age of the prosecutrix Km. Sangeeta was about 14 years. Thereafter the medical examination of the prosecutrix was done at the District Women Hospital, Allahabad on 27.8.2004 at about 5 p.m.. Thereafter the supplementary medical examination report was prepared but that medical examination report of the prosecutrix is not tallied with the report of the present case in respect of the weight and height of the prosecutrix.
II. That in the present case the alleged occurrence had taken place on 30.9.2004 at about 8.00 p.m.. The prosecutrix was medically examined on 2.10.2004 at about 8.00 a.m.. According to the medical examination report the hymen was torn on 4 O'clock position. The bleeding was present there. The vagina admitted one finger with difficulty. According to the medical examination report the age of the prosecutrix was about 18 years and the injury was caused by some blunt object. The medical examination of the prosecutrix is too much delayed, in such a delayed, medical examination, the presence of bleeding from hymen was not possible which shows that the prosecutrix has received injury soon before her medical examination, or it was procured.
III. That the applicant is innocent. He has not committed the alleged offence, he has been falsely implicated because one Beni Prasad the then C.D.O. Kaushambi was suspended on 17.7.2004 by Km. Mayawati, the then chief Minister of U.P. on the complaint of Sri Indrajeet Saroj, M.L.A. the applicant is the real brother of son in law of Sri Indrajeet Saroj, M.L.A. and on the date of the alleged occurrence Sri Balwant Chaudhary, son of Sri Beni Prasad was the circle officer Khaga Kaushambi. The applicant has been falsely implicated due to this reason at the instance of Beni Prasad and his son Sri Balwant Chaudhary, Circle Officer Khaga. Kaushambi.
IV. That according to the prosecution version itself the prosecutrix was raped earlier also and her age is about 18 years in such circumstances, the medical report shows that vagina was admitting one finger with difficulty, is not correct, it shows that he medical examination report was also procured.
V. That the applicant is an innocent person. He has not committed the alleged offence. Therefore he may be released on bail.
4. It is opposed by the learned A.O.A. by submitting:
1) That the first bail application of the applicant has been rejected on merits, the medical examination report were also considered. All the grounds taken in the present application have already been considered and there is no new ground for releasing the applicant on bail. The ground taken by the applicant that he has been falsely implicated, is false and has no substance. Ft has been taken after thought because neither Sri Beni Prasad the then C.D.O. And his son having no relationship with the prosecutrix.
2) That in the present case alleged occurrence had taken place on 30.9.2004 at about 8.00 A.M. The prosecutrix was medically examined on 2.10.2004 at about 8 A.M., which shows that she was medically examined after one day and 12 hours i.e. within two days. According to the Modi Medical Jurisprudence and Toxicology (20th Edition) page 337 where it is clearly mentioned that "after a complete sexual intercourse is done with a nubile virgin the hymn is usually lacerated having one or more radiate tears, The edges of which are red swollen and painful and bleed on touching, If examined within a day or two days after the deed". In such a situation the bleeding may be present within two days of her examination. Therefore the applicant is not entitled for bail.
5. Considering the facts and circumstances of the case and the submission made by the learned Counsel for the applicant and the learned A.G.A. I am of the view that there is no new ground, all the grounds have already been considered at the time of disposal of the first bail application. The applicant is not entitled for bail. Therefore, his prayer for bail is refused.
6. Accordingly the application is rejected.