1. Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.
2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0380 of 2020, under Sections 363, 366-A, 370, 376-D and 506 IPC and Section 3/4 POCSO Act lodged at Police Station Payagpur, District Bahraich.
It is alleged that the prosecutrix, aged around 16 years, got missing from her house in the night of 20th October, 2020. The prosecutrix was recovered and, her statement under Sections 161 and 164 CrPC were recorded. In her statement recorded under Section 164 CrPC, the prosecutrix has said that she was 16 years of age; the present accused-applicant was in touch with her; he forced her to write a letter; the accused-applicant threatened her that if she would not go with him, he would kill her and her family members; on 19.10.2020, the accused-applicant made a call to the prosecutrix at around 11.30 p.m; the prosecutrix came out of the house and, found co-accused Nadeem standing there; the prosecutrix contacted the accused-applicant, who asked the prosecutrix to come with co-accused, Nadeem; Nadeem took the prosecutrix on the motorcycle and came to Lucknow where he raped her repeatedly; thereafter, the prosecutrix was taken to Sonipat, Haryana from Delhi where accused-applicant, co-accused, Nadeem and Adil raped her repeatedly.
3. Considering the age of the prosecutrix, role of the accused-applicant and statement of the victim recorded under Section 164 CrPC, I don not find it a fit case for enlarging the accused-applicant on bail at this stage.
4. Accordingly, the prayer for bail is refused and, the application is rejected.
[D.K.Singh,J.] Order Date :- 28.1.2021MVS/-