Heard Sri Pradeep Kumar Singh & Jitendra Pal Singh, learned counsel for the applicant and Sri Rishi Chaddha, learned A.G.A. for State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 273 of 2020 under Sections 376 I.P.C., Police Station Amariya, District Pilibhit, during the pendency of trial.
As per F.I.R., which has been lodged by the mother of the victim on 24.10.2120, her daughter aged about 19 years was returning home and on the way applicant is stated to have dragged her inside the hut and her modesty was outraged. At about 9:00 pm, she returned home weeping and disclosed about details of the occurrence to her mother and thereafter F.I.R. was lodged.
Submission made by the learned counsel for the applicant is that applicant has been falsely implicated because some money was due on the father of the victim which was being demanded by the accused and because of this reason, this false implication has been made. He has further drawn attention to the medical examination report in which no injury has been found to have been sustained by the victim. He has further argued that there are minor contradictions in her statement under Section 161 Cr.P.C. as well as 164 Cr.P.C. He is in jail since 25.10.2020. He has no criminal history. If released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer of bail and has drawn attention to the statements of the victim recorded under Section 161 Cr.P.C. as well as 164 Cr.P.C. in which she has clearly supported the prosecution version.
Looking to the fact that in both the statements there is consistency apart from minor variations which would lead this Court to believe that there is no false implication of the accused-applicant, hence this is not found to be a fit case for grant of bail. Accordingly, it is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same strictly in accordance with the provisions contained in Section 309 Cr.P.C. within a further period of one year from the date of production of a copy of this order downloaded from the official website of Allahabad High Court and verified by the learned counsel for the applicant.
Order Date :- 28.1.2021 A.P. Pandey