Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24496 of 2020 Applicant :- Lakhan Opposite Party :- State Of Up And Anr Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.,D.S.Panday
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by Lakhan in Case Crime No. 832/2019, under Sections 376, 363 I.P.C. read with Section 3/4 of POCSO Act, Police Station Loni Border, District Ghaziabad.
Learned counsel for the applicant argued that accused applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 12.11.2019. The alleged offence of rape could not be established by medical report because there is no injury in medico legal report, filed at page No. 23 of the paper book. It was a fleeing in the night and prosecutrix returned back in the morning. A false implication was made. There is no likelihood of applicant's fleeing from course of justice or tampering with evidence, in case of release on bail. Hence, bail has been prayed for.
Learned AGA as well as learned counsel for the informant has vehemently opposed.
Having heard learned counsels for both sides and gone through the material placed on record, it is apparent that prosecutrix was said to be enticed and taken by accused on 10.11.2019 and she was recovered from the room of accused applicant on 11.11.2019. Applicant is closed door neighbour of informant. Prosecutrix instantly reported about rape. The same is the contention of informant in statement recorded under Section 161 of Cr.P.C. Prosecutrix, in her statement recorded under Section 164 of Cr.P.C., has categorically said about forceful rape committed by accused with her. The age of prosecutrix has been determined in medical age determination by medical board as of 16 years. The contention in report as well as statements are of 14 years i.e. in all ways she is minor. Considering all those facts and circumstances but without commenting on merit, no case for bail is there.
Accordingly, this bail application is rejected.
Order Date :- 5.1.2021 Kamarjahan