Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25671 of 2018 Applicant :- Pan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Nath Tripathi,Ashiyam Nasir,Shabeena Begum Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No.103 of 2018, under Sections 363, 366, 376 IPC and Section 3/4 of Pocso Act, P.S. Shahabad, District Rampur with a prayer to enlarge him on bail.
The first information report has been lodged by the victim herself stating that she is a student of Class-IX and, on 15.02.2018, when she was returning from school to her house, the applicant Pan Singh, under promise of marriage, took her in a Maruti Van in which three other men were there and thereafter he took her to a house where all the four men including the applicant sexually assaulted her and thereafter she was dropped back on 17.02.2018 at Tanda Chauraha from where she returned back to her home and narrated the incident to her parents, who advised her to lodge the first information report.
Medical Examination of the victim reveals that she is aged 16 years though she disclosed her age as 14 years. According to the educational certificates, the victim is aged about 13 years 9 month and 5 days old. The victim supported the prosecution case in her statement recorded under Section 164 Cr.P.C. and levelled allegations against the applicant.
The learned counsel for the applicant has submitted that there is no mark of any injury found on the body of the victim which may suggest that force was used on her and the allegations are nothing but false. It has been submitted that the applicant has already suffered incarceration since 20.02.2018 and if he is released on bail, he will not misuse the liberty.
Learned A.G.A. has opposed the prayer for bail and has submitted that the victim's internal genito-anal examination discloses that the hymen was absent with healing tags present and she has disclosed commission of offence of rape on her and from the medical examination report as well as her educational certificate, she appears to be a minor. He has thus prayed that the bail application be rejected, particularly, because no cogent reason for alleged false implication has been given.
I have given thoughtful consideration to the rival submissions. Without expressing any opinion on the merits of the case, this Court does not find it to be a fit case for grant of bail to the applicant. The bail application is rejected. The trial court shall endeavour to conclude the trial expeditiously.
Order Date :- 29.5.2019 AKShukla/-