Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17168 of 2021 Applicant :- Pradeep Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Suresh Dhar Dwivedi, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Pradeep, seeking enlargement on bail during trial in connection with Case Crime No. 58 of 2021, under Sections 376-D IPC and Section 5(g)/6 POCSO Act, registered at P.S. Sadar Bazar, District Shahjahanpur.
The prosecution version as per the First Information Report lodged by Ramnath the father of the prosecutrix on 23.01.2021 under Section 354 IPC and Setion 7/8 POCSO Act and Section 3(2)(v) naming the applicant and co-accused Nafees is that toilet in his house was malfunctioning and as such they had to go outside the ease themselves. On 23.01.2021 at about 07:00 am his daughter aged about 15 years went to ease herself near the railway line, there was fog in the morning. As soon as she reached there, two persons present there caught hold her, disrobed her on which she raised hue and cry after which Joravar and Pradeep of the village came there and apprehended the said two persons who then disclosed their names as Pradeep son of Kali Charan and Nafees son of Shaukeen. The said two persons have been brought to the Police Chauki Shahbajnagar and have been handed over to the Police.
Learned counsel for the applicant argued that the first informant in his statement under Section 161 Cr.P.C. has reiterated the same as per the First Information Report. The prosecutrix in her statement under Section 161 Cr.P.C. and 164 Cr.P.C. has for the first time stated that the said two persons being the applicant and co-accused Nafees committed rape upon her. It is argued that the same is an afterthought just in order to falsely implicate the applicant. It is argued that the applicant is innocent and has not committed the said offence. It is further argued that the Joravar and Pradeep the alleged persons who had apprehended the applicant and co-accused Nafees have not stated about the factum of rape being committed upon the prosecutrix but due to pressure of opposite party, the allegation of rape being committed on her is stated. It is further argued that the charge sheet in the matter has been submitted against the applicant and co-accused under Section 376D IPC and Section 5(g)/6 POCSO Act and as such there is no chances of the applicant tampering with the evidence, hence he may be enlarged on bail. It is further argued that the medical examination does not support the prosecution case. He further argued that the applicant has no criminal history as stated in para 12 of the affidavit and is in jail since 23.01.2021.
Per contra, learned counsel for the State opposed the prayer for bail and argued that the prosecutrix is a minor girl and her date of birth is 01.07.2004. It is argued that the applicant and co- accused Nafees were apprehended on the spot by two persons namely Joravar and Pradeep. They were then handed over to the Police and there are allegations against them of committing rape upon the prosecutrix.
After having heard learned counsels for the parties and perusing the records, it is evident that the applicant and co-accused Nafees have been apprehended on the spot by Joravar and Pradeep. The prosecutrix has stated of rape being committed upon her by the said two persons. I do not find it a fit case for bail.
Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail.
The bail application is, accordingly, rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.10.2021 M. ARIF (Samit Gopal, J.)