This bail application has been moved on behalf of the applicant Lolai Yadav @ Yogesh who is involved in Case Crime No. 410 of 2017, under section 354, 376 IPC and 3/4 POCSO Act, P.S. Belipaar, District Gorakhpur.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged under section 354 IPC and 7/8 POCSO Act. The FIR was lodged by Asrafa, mother of victim. Asrafa, mother of victim is not eye witness of the alleged incident. Smt. Pramila is said to be the eye witness of the alleged incident. The victim in her statement recorded under section 161 Cr.P.C. has not made any allegation of rape against the applicant. She has stated that on the saying of applicant she has gone with the applicant. Smt. Pramila has seen the applicant and victim and she informed about the incident to the mother of victim. Thereafter, in her statement recorded under section 164 Cr.P.C. the victim has made allegation of rape against the applicant. In fact, the applicant has not committed the alleged offence. No offence is made out against the applicant. In medical report the age of the victim has been shown about 17 years. There is material contradictions in the statements of victim recorded under section 161 and 164 Cr.P.C. The applicant has no criminal history and is in jail since 14.11.2017.
Per contra; learned A.G.A. has opposed the prayer for bail and argued that at the time of alleged incident the age of the victim was about 17 years. The victim in her statement recorded under section 164 Cr.P.C. has made allegation of rape against the applicant. Witness Smt. Pramila has also seen the victim with applicant and she has informed to the mother of victim about the alleged incident. In medical report it has been mentioned that sexual assault can not be ruled out. The applicant has committed the alleged offence, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I am not inclined to release the applicant on bail.
Consequently, the prayer for bail of the applicant is refused and the bail application of the applicant Lolai Yadav @ Yogesh is hereby rejected.
However, the trial court is directed to proceed with the trial and conclude the same expeditiously preferably within a period of 8 months from the date of the production of certified copy of this order, if there is no legal impediment.
Order Date :- 30.1.2019 Masarrat