Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21673 of 2020 Applicant :- Mahesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Geetam Singh Counsel for Opposite Party :- G.A.,Arjun Singh Solanki
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by Mahesh in Case Crime No. 336/2019, under Sections 376, 506 I.P.C. read with Section 3/4 of POCSO Act, Police Station Sahawar, District Kasganj.
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 29.11.2019. This implication is owing to political rivalry of village pradhanship. Rape was said to have been committed six months back but no report was lodged. The alleged pregnancy was being denied by applicant and by way of DNA test, this may be fixed as to whether the conception is of applicant or not. The first date of occurrence is said to be of the day of marriage of brother of victim. The other occurrence is of the place having surroundings making alleged occurrence impossible. Applicant is of no criminal antecedent and 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 with this contention that prosecutrix is minor. She has been held to be of 16 years in medical age determination though she is less than above age. She, in her statement recorded under Section 161 as well as 164 of Cr.P.C., has categorically said to have sexual assault by applicant, who is son of village pradhan, having exerted force and fear to prosecutrix. In case of release on bail, there is every likelihood of applicant's fleeing from course of justice or tampering with evidence.
Having heard learned counsels for both sides and gone through the material placed on record, it is apparent that prosecutrix, in her statement under Section 161 and 164 of Cr.P.C., is fully intact. She has said about sexual assault given by applicant, who is son of village pradhan. The age has been determined to be of 16 years in medical age determination by Medical Board.
The report was got lodged by mother of victim, after disclosure of conception. DNA test or conception by accused applicant is not condition precedent for constituting offence of sexual assault given under POCSO Act. 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