Heard Sri Krishna Gopal, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 660 of 2019 under Sections 376-D, 323, 506 I.P.C. and Section 6 of POCSO Act, Police Station Nawabganj, District Bareilly, during the pendency of trial.
As per F.I.R. lodged by Rameshwar Dayal, his daughter aged about 18 years had gone to attend the call of nature on 23.12.2019 at about 11:00 pm and it was then that the accused-applicant and other co-accused Sagar had dragged her inside the field of sugarcane where she was beaten up after having been shown knife and her modesty was outraged. She was also threatened to be killed if she told about this occurrence to anyone. After some time having been elapsed, when her behaviour was abnormal and she was in state of shock, she revealed about the occurrence to the informant then F.I.R. was lodged on 27.12.2019 with the delay of four days.
Submission made by the learned counsel for the applicant is that in medical examination report of the victim, no external injury has been found. He has drawn attention to the statement of the co-accused Sagar, who has stated that victim was in love relationship with him and on 23.12.2019, she was called by him and pursuant to the said phone-call, she had gone to his house of her own free will. Having drawn attention to this statement, it is argued by him that applicant is innocent. He has been falsely implicated because she was having illicit relation with co-accused Sagar and applicant is cousin brother of the victim and there is some property dispute going on between the two families. He has further drawn attention to the parcha no. 2 dated 29.12.2019 in which police has mentioned that she had relationship with some other boys of the village and that in the allegation of rape having been committed upon her, no signs were found on the place of occurrence, therefore he is innocent. He is in jail since 29.1.2020. He has no criminal history. If released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer of bail and has drawn attention to the statement of victim recorded under section 164 Cr.P.C. in which she has supported the prosecution version as given in the F.I.R. and allegation of rape has been levelled against the applicant as well as co-accused Sagar both. Attention is further drawn that in medical examination, hymen was found old, healed and torn. It is further argued that victim has stated before the doctor that rape was committed upon her by both, to which learned counsel for the applicant has argued that name of the applicant was added subsequently at the instance of her father.
Without expressing any opinion on the merits of the and and looking to the fact that victim has supported the prosecution version as given in the F.I.R.,this is not found to be a fit case for grant of bail. Accordingly, it is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same strictly in accordance with the provisions contained in Section 309 Cr.P.C. within a further period of one year from the date of production of a copy of this order downloaded from the official website of Allahabad High Court and verified by the learned counsel for the applicant.
Order Date :- 25.1.2021 A.P. Pandey