Heard Sri Ramesh Chandra Srivastava, learned counsel for the applicant as well as Sri G.P. Singh learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.324 of 2020 under sections 363, 366, 376-D I.P.C. and 3/4 POCSO Act, Police Station Nagal, District Saharanpur, during the pendency of trial.
As per FIR, which has been lodged by Umesh, who is father of the victim, through application under section 156 (3) Cr.P.C., which was given on 24.7.2020 stating therein that he is physically handicapped. The accused-applicant along with other co-accused named in the FIR are resident of village Tikraul, therefore, they were known to the children of the informant. On 1.6.2020 at about 12.00 noon when he had gone to work as a labourer and his wife had gone to Radha Bank, her daughter Neha was alone at home, then the accused persons including the applicant came on two motorcycles to his house and on the pretext that her mother was calling her at the bank, had taken her away. She did not return home. When mother of the victim returned home, she told about the occurrence and search was made and then it transpired that two witnesses namely, Arjun and Shyam Kumar had seen the victim having been taken away by the co-accused Deepak on motorcycle. The victim has been given chowmeen and cold drink, after consuming which, her condition deteriorated and thereafter the accused-applicant along with other co-accused took her in a room where all the four accused had committed rape upon her, in turn and threat had also been given that in case she disclosed about this occurrence to any one, she would be killed.
Submission is that the applicant is innocent. In medical examination report, no injury is found to have been sustained by the victim. Because of one FIR lodged by the father of the accused no. 4, Nirmal Kumar against the brother-in-law of the informant, the applicant has been falsely implicated in this case. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since . In case the applicant is released on bail he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer for bail and has drawn attention to the statement of the victim recorded under section 161 and 164 Cr.P.C. and in both these statements, she has clearly stated that all the four accused, whom she knew, had come to her house on 1.6.2020 at about 12.00 noon and had taken her away on the pretext that her mother was calling her at Bank and then telling about this to her grandmother, she went with them and thereafter she was given cold drink and Chowmeen, consuming which her condition deteriorated and in a room she was raped by all the accused including the applicant, in turn.
Since the victim herself has supported the prosecution version in her statement recorded under section 161 and 164 Cr.P.C, it is not found to be a fit case for grant of bail.
Accordingly, the bail application stands 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 period of one year from the date of production of a certified copy of this order.
Order Date :- 29.1.2021 AU