Heard learned counsel for the applicant, Shri Rahul Mishra, Advocate assisted by Shri S.N. Goswami, learned A.G.A. for the State as well as Shri Sanjay Mishra, Advocate holding brief of Shri Hemant Kumar Mishra, learned counsel for complainant and perused the record.
This bail application has been moved by the accused/applicant- Ghanshyam @ Chhutku for grant of bail, in Case Crime No. 261 of 2019, under Section 376 I.P.C. and POCSO Act, Police Station Maholi, District Sitapur, during trial.
Learned counsel for the accused-applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and no offence, as claimed by the prosecution, has been committed by him.
It is further submitted that there is a long standing enmity between the applicant and informant' side as both parties have lodged criminal cases against each other and the instant case is also an offshoot of the same rivalry.
It is further submitted that the allegations of sexual assault for the last two years after administering intoxicating tablets and narcotics to the victim have been alleged in the First Information Report, however, the story, as cooked-up by the prosecution has not been found truthful by the investigating officer and the investigating officer has collected evidence which shows that no such incident as described by the prosecution had actually taken place.
It is also submitted that the call detail records of the prosecutrix with the applicant has also been collected, which shows that they were in a relationship which was not liked by the family members of the prosecutrix and, therefore, the instant false case has been lodged.
Highlighting the copy of some letters filed with the bail application, written allegedly by the prosecutrix to one Ravi, it is submitted that these letters have actually been written to the applicant by the prosecutrix, as the applicant is also known by the name of 'Ravi' and this shows that the applicant as well as the prosecutrix were in love with each other and the prosecutrix under the influence of her parents and on the basis of past enmity has given false statement under Section 161 and 164 of the Cr.P.C.
It is further submitted that charge-sheet in the matter has already been submitted and the applicant is in jail in this matter since 04.07.2019 without any criminal antecedents and there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty.
It is also submitted that pertaining to the incident an enquiry was held on the order of District Magistrate and in that enquiry, it was found that all allegations which have been levelled in the F.I.R. are baseless and false.
Learned A.G.A., however, opposes the prayer for bail of the applicant and submits that the prosecutrix, on the basis of her High School Certificate, is aged about 16 years and she has not of consenting age and it is only on the basis of old standing enmity, the instant crime has been committed and having regard to the heinousness of the offence, the applicant is not entitled to be released on bail.
Mr. Sanjay Mishra, Advocate holding brief of Shri Hemant Kumar Mishra, learned counsel for the complainant/informant submits that the applicant has committed a heinous offence on the basis of old enmity. It is further submitted that the sexual assault by the applicant has been committed on a girl of a very tender age, who is just below 16 years.
It is next submitted that some letters, relied on by the applicant, allegedly written by the prosecutrix are false and even if they are taken on their face, the letters have been written to some Ravi and they are not connected with the applicant whose name is Ghanshyam @ Chhutku and no benefit of the same could be taken by the applicant and having regard to the manner in which the crime has been committed, the applicant is not entitled to be released on bail.
Having heard learned counsel for the parties and having perused the record, it is evident that the investigating officer during the course of investigation has recorded the statement of witnesses, who claimed to have seen the applicant usually coming to the school and sometimes taking with him prosecutrix out of school, in a vehicle. Enmity between the parties is established. Investigating officer has also recorded statement of some witnesses, who have stated that applicant and prosecutrix were having affair, however, this has been denied by the prosecution. Serious allegations have been levelled by the victim against applicant in her statements recorded under Section 161 and 164 Cr.P.C.. Victim is of a very tender age.
In view of above, at this stage I do not find any good ground to release the applicant on bail.
Thus, the bail application moved by the applicant- Ghanshyam @ Chhutku is, hereby, rejected.
Observations made in this order is for the purpose of disposal of this bail application and shall have no effect on the trial of this case.
The trial court is, however, directed to conclude the trial expeditiously without granting soft adjournments to either parties, in accordance with law.
Order Date :- 18.2.2021 Praveen