Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15521 of 2020 Applicant :- Basant @ Bhura Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.,Ashish Mishra,Brahma Kumar Tiwari
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant, Basant @ Bhura, has prayed to release him on bail in Case Crime No. 44 of 2020, under Sections- 363, 366, 376, 506 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, Police Station-Shahpur, District Muzaffar Nagar.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 07.02.2020. First Information Report was got lodged against unknown and then after prosecutorix herself came back to her home. In her statement under Section 161 Cr.P.C. no accusation is there. Subsequently, in statement under Section 164 Cr.P.C., for the first time, this accusation of rape has been levelled against the applicant. Applicant is of one criminal antecedent. Wherein, he is on bail and the same has been explained. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned AGA as well as learned counsel for the informant has vehemently opposed bail with this contention that the applicant is real cousin of the prosecutorix and prosecutorix was 11 years of age, as per school record, at the time of of alleged offence of rape thus, she has been held to be minor aged about 15 to 16 years in medical age determination but, even then, she is minor. She has said that she left her house after this occurrence of rape by her real cousin and then after she come back and narrated this occurrence. Applicant is of one criminal antecedent for the offence of rape and murder and there is every likelihood of applicant's fleeing from course of justice and tempering with evidence in case he is released on bail hence, bail is to be rejected.
Having heard learned counsel for both the parties, gone through the material placed on record, it is apparent, that mother of the prosecutorix Smt. Rukmani got First Information Report lodged about missing of her minor girl. She was not aware of any such occurrence of rape. She narrated the same in her statement under Section 161 Cr.P.C. Then after, prosecutorix was examined but she has not levelled accusation in her statement under Section 161 Cr.P.C. but in her statement under Section 164 Cr.P.C. before the Judicial Magistrate, she has categorically said that she was subjected to rape by her real cousin and threat was extended. Then after, she out of above agony left her home but, subsequently, came back and given this statement of rape by her cousin. She is minor within the purview of POCSO Act. Applicant is of one criminal antecedent for the offence of rape and murder. Considering the nature of accusations, severity of the punishment in the case of conviction but without expressing any opinion on the merits of the case, no case for bail is made out.
Bail application is rejected, accordingly.
Order Date :- 5.1.2021 Deepak/