Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 830 of 2021 Applicant :- Pushpendra Opposite Party :- State of U.P.
Counsel for Applicant :- Gaurav Singh Chauhan,R.P.S. Chauhan,Ravi Yadav Counsel for Opposite Party :- G.A.,S.P.S. Chauhan
Hon'ble Om Prakash-VII,J.
Heard Sri R.P.S. Chauhan, learned counsel appearing for the applicant, Sri S.P.S. Chauhan, learned counsel appearing for the informant and learned A.G.A.
This bail application has been filed by the applicant to enlarge him on bail in case crime no. 254 of 2020, under Sections 363, 376, 506 IPC and Section 3/4 POCSO Act, Police Station Nauhjheel, district Mathura.
Submission of the learned counsel appearing for the applicant is that the applicant is innocent and and has not committed the present offence. Offence is said to have been committed on 08.07.2020 whereas the FIR was lodged on 16.07.2020 at belated stage. No plausible explanation was given. Victim was aged about 17 years. Had the offence been committed as narrated in the FIR complaint must have been made immediately after incident. Referring to the medical evidence it is also argued that no spermatojoa was found in the swab taken for pathological examination. It is also argued that no external or internal injury was found on the private part of the victim. Referring to the statement of the victim under Section 161 and 164 Cr.P.C. it was further argued that present FIR was lodged on the basis of improbable and unbelievable story. No prima facie case is made out. Applicant is in jail since 07.08.2020. It was further argued that in the similar circumstances co-accuses Nanak was exonerated by the Investigating Officer itself. Thus, prayer for bail was made.
Learned A.G.A. as well as learned counsel for the informant argued that prosecution case is consistent against the applicant in the FIR, statement recorded under Section 161 and 164 Cr.P.C. Delay occurred in lodging the FIR in rape cases will not affect the merit of the case. Exoneration of the co-accused will also not be sufficient to allow the bail application of the applicant as victim is minor. Present offence was committed by the applicant against her wishes forcefully. A prima facie case is made out.
Having considered the rival submissions, going through the entire record and also taking into consideration the contents of the FIR as well as statement of the victim recorded under Section 161 and 164 Cr.P.C. the court is of the opinion that applicant has not made out a case for bail.
Bail Application is hereby rejected. However, trial court is hereby directed to expedite the trial.
Order Date :- 29.7.2021 Sachdeva