By means of this application the applicant Golu Singh Bhadauria @ Jaideep has prayed to release him on bail in Case Crime No. 153 of 2020, under Sections 452, 376 IPC and Section 3/4 POCSO Act, Police Station Pooranpur, District Pilibhit.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for accused-applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number because of refusal of marriage with prosecutrix. He is languishing in Jail since 29.5.2020; accused-applicant is of no criminal antecedent; there is no likelihood of fleeing from course of justice or tampering with evidence in case of release on bail. The statement of informant in first information report is of the occurrence, when she was out of her house for her work as labour whereas prosecutrix in her statement under section 164 Cr.P.C. has said about occurrence which was a night of month of January. There is variance in the statement. Even if, the contention is being accepted then it was a delayed report of one year with this false variance. Hence, bail has been prayed for.
Learned A.G.A. has vehemently opposed the prayer for bail.
Having heard learned counsel for both sides and gone through materials on record, it is apparent that first information report was got lodged on 7.3.2020 by Mithlesh Devi who is a widowed lady of Jai Pal Singh. She has narrated that her minor girl was subjected to sexually assault by Golu Singh who is a close relative of village Pradhan and informant being a poor vulnerable victim, a widowed lady made this complaint to village Pradhan who assured for getting marriage performed in between with a threat for not opening lip before police and under this pretext of marriage to be performed, her minor daughter was subjected to sexually exploitation by accused. When prosecutrix became major, then matter was persuaded for marriage, but it was refused and village Pradhan became uniminable. The same contention is of prosecutrix in her statement under section 161 and 164 of Cr.P.C. meaning thereby there was a sexual relation without a free consent on an assurance of marriage and exploitation for such a long period. Prosecutrix is fully intact in her statement under section 161 and 164 Cr.P.C. The accused is close relative of village Pradhan. Village Pradhan too is involved in it.
Hence, considering all these facts and circumstances, heinousness of offence of rape with a vulnerable poor widowed lady vis-a-vis accused who is close relative of village Pradhan, likelihood of tampering with evidence in case of release on bail as well as likelihood of fleeing from course of justice, there appears to be no ground for bail.
Accordingly, this Bail Application stands rejected.
Order Date :- 13.1.2021 Ravi Prakash