Heard learned counsel for the applicant, Smt. Nisha Srivastava, learned counsel for informant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. He further submitted that the victim is consenting party and false allegations of rape attributed against the applicant. He next submitted that as per medical examination no external injury seen over the body. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 6.7.2019 having no previous criminal history.
Learned A.G.A. as well as learned counsel for first informant have vehemently opposed the prayer for bail and submitted that the victim supported the prosecution version in the statement recorded under Section 164 Cr.P.C. in which she clearly stated that the applicant committed forceful rape upon her and it is also submitted that as per medical examination hymen torned and redness were also present. They further submitted that the victim was minor girl.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that it is not a fit case for bail hence the bail application of applicant is hereby rejected in Case Crime No. 433 of 2019, under Sections 376 I.P.C. and 3/4 POCSO Act, P.S. Fatehpur, District Barabanki. However, the learned trial court is directed to conclude the trial expeditiously.
Order Date :- 15.4.2021 Md Faisal