Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26690 of 2020 Applicant :- Bharosh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Surendra Yadav Counsel for Opposite Party :- G.A.,Vineet Singh Chandel
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Bharosh Kumar has prayed to release him on bail in Case Crime No. 97 of 2020, u/s 376 (3) and Section 5 g /6 of POCSO Act, Police Station Cholapur, District Varanasi.
Heard learned counsel for the applicant, learned counsel for the informant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Applicant is in jail since 21.3.2020 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Prosecutrix has been held to be of 16-1/2 to 17-1/2 years of age in medical age determination by medical board. She has said that she was raped for two times, whereas no mark of injury on her person is there nor any protest was raised by her. There is variation in the statement. There is no probability of such occurrence. The applicant is next door neighbour with no criminal antecedents. Hence bail has been prayed for during trial.
Learned counsel for the informant as well as learned AGA has vehemently opposed the bail application with this contention that applicant is uncle of the victim and victim was said to be of 13 years of age by informant. Though in medical age determination she has been held to be of 16-1/2 to 17-1/2 years, but the biological age is of 13 years. Prosecutrix in her statement recorded under Section 161 and 164 Cr.P.C. had levelled specific allegation of committing rape upon her.
Having heard and gone through the record, it is apparent that incident was reported for the offences punishable under Section 376 (3) and Section 5 g /6 of POCSO Act against the applicant who is next door neighbour and uncle of the victim. Specific accusation of rape was there. Prosecutrix was initially examined under Section 161 Cr.P.C. wherein she is fully intact. Her statement recorded before the Magistrate under Section 164 Cr.P.C. is under progress. Her age determination by medical board proves her minor.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, no case for bail is there.
Accordingly, this bail application is being rejected.
Order Date :- 5.1.2021 Ravi Prakash