Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27761 of 2018 Applicant :- Neeraj Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A.,Shanti Dhar Dwivedi
Hon'ble Karuna Nand Bajpayee,J.
This application has been filed seeking the release of the applicant on bail in Case Crime No.186 2018, u/s 376, 354, 354(Kh), 506 I.P.C. and 3/4 of Protection of Children from Sexual Offences Act, Police Station-Hapur Nagar, District- Hapur.
Heard learned counsel for the applicant and learned A.G.A. and also perused the record.
Submission of counsel for the applicant is that the applicant has been falsely implicated in the case because of a dispute over tenancy as the applicant was the landlord and he wanted the victim and her family to leave the house and therefore in order to create pressure upon the applicant this false implication has been made.
Learned A.G.A. and learned counsel for complainant have opposed the prayer for bail. It has been pointed out that the age of the victim girl at the time of incident was much below the age of majority. According to medical examination of victim, she has been found to be of about 15 years while when she was examined before the Magistrate, she disclosed her age to be 10 years. At any rate the victim was minor at the time of incident. Counsel has drawn attention of the Court to the statement of the victim given before the Magistrate, in which she has categorically alleged that when she was alone in the house the applicant came over there, tied up her hands and legs, denuded her and then committed rape upon her. Her mouth was stuffed and gagged and she had bled because of the rape. Attention was also drawn to the medical examination of the victim which shows that her hymen was found ruptured and her genital was found reddened and inflamed and blood stains were found over the same. Submission is that medical examination of the victim lends complete corroboration to the commission of rape upon her and the plea of the accused of false implication is highly improbable as nobody would like to embroil the honour of his daughter in such a defamatory case. Such kind of incidents create stigma on the life of the girl and the normal psychology is to avoid making such allegations even if they are true. It is highly unlikely that the father or the brother or the parents of the girl would push the minor victim of such tender age into such infamous controversy simply to retain the house, and therefore, the defence plea in this regard is preposterous.
Looking to the nature of offence, its gravity and the evidence in support of it and the overall circumstances of this case, this Court is of the view that the applicant has not made out a case for bail. Therefore, the prayer for bail of the applicant is rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 27.7.2018 M. Kumar