Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46892 of 2017 Applicant :- Dhermendra Opposite Party :- State Of U.P. Counsel for Applicant :- Brijesh Sahai Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Brijesh Sahai and Sri Bhavya Sahai, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant- Dhermendra seeks bail in Case Crime No.492 of 2017, under Sections 376D, 504, 452 I.P.C. and 3/4 of Protection of Children From Sexual Offences Act, Police Station Pooranpur, District Pilibhit.
It has been argued by the learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case by the first informant. The factum of gang-rape is not supported by medical evidence inasmuch as no internal or external injury has been noted in the medical report. In the vaginal smear report, no dead or alive sperm was found, though, the prosecutrix was examined on the very next day of the alleged incident. The prosecution case of rape is wholly belied by medical evidence. Thus, the applicant, who is in jail since 07.06.2017, 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 alleged incident is said to have taken place on 23.05.2017 at 8 P.M. and F.I.R. was lodged promptly in intervening night of 23/24.05.2017 at 02.10 A.M. There are specific allegations of rape by the applicant and co-accused. As per the medical report, the age of the prosecutrix was determined to be 14-15 years. It is further submitted that the applicant has not shown any reason for his false implication in the present case. Therefore, the applicant does not deserve to be released on bail.
In the facts and circumstances of the case and considering the fact that it is a case of gang-rape, 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 :- 27.7.2018 MN/-