Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52293 of 2021 Applicant :- Raju Adiwasi Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Shailesh Kumar Mishra,Vinay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Despite service, no one is present on behalf of the complainant.
Heard learned counsel for the applicant, the learned A.G.A. and perused the record.
This is a bail application on behalf of the applicant in connection with Case Crime No.538 of 2018, under Sections 323, 376, 504 I.P.C. and section 5/6 POCSO Act, Police Station Jhunsi, district Prayagraj.
The first information report of this incident was lodged by the complainant against her second husband about rape of her minor daughter who was said to be 10 years old. It was alleged that the present accused Raju Adiwasi came to the room of the complainant and committed rape upon the minor of the complainant.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case at the behest of the earlier husband because the complainant was living with the present accused. He submitted that the applicant is languishing in jail since 07.12.2019, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has submitted that the alleged victim has specifically mentioned that the applicant had raped the victim repeatedly and the same narration was made by the victim in her statement recorded under section 164 Cr.P.C. He has further submitted that the hymen of the alleged minor victim was found torn and heal, which indicate that she was raped.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties and the age of the victim was found to be 11 to 16 years, but without expressing any opinion on merits, this Court does not find it to be a fit case for bail.
Accordingly, the bail application stands rejected.
Order Date :- 21.12.2021 AU