Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35250 of 2020 Applicant :- Raman @ Rohit Opposite Party :- State of U.P.
Counsel for Applicant :- Manish Kumar Mishra Counsel for Opposite Party :- G.A.,Anand Kumar,Pavan Kishore
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Manish Kumar Mishra, learned counsel for the applicant and Ms. Akanksha Gaur, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 202 of 2020 under Sections 323, 376, 504, 506 I.P.C. and 3/4 of POCSO Act, P.S. Kotwali Dehat, District Mirzapur.
As per F.I.R. lodged by father of the victim, his daughter aged about 14 years was enticed away by the applicant. He is stated to have committed rape upon the victim.
Learned counsel for the applicant stated that the applicant has been falsely implicated in this case; this is a case of consensual sex as in the medical examination, age of the victim is found 18-20 yeas, copy of which is annexed at page no. 40 of the paper book. He is in jail since 14.08.2020; he has no criminal history. He has drawn attention of the Court towards the fact that in statement under Section 161 Cr.P.C., she has taken name of applicant only to be involved in committing rape of victim; it is stated that she was going to market when she was forcibly taken on motorcycle by the accused applicant while in statement under Section 164 Cr.P.C., she has not made such a statement and had added one more accused to be involved in committing rape of victim. There is discrepancy in statement of victim, hence applicant should be released on bail; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the bail and has drawn attention of the Court towards the medical examination report which is annexed at page nos. 15-18 and in that, hymen is found to have been ruptured, therefore, coupled with the statement of victim, it cannot be ruled out that applicant has committed rape upon the victim. Victim is also a minor, hence bail of the applicant should be rejected.
In view of the above, this Court does not find good ground for enlarging the applicant, Raman @ Rohit on bail.
The bail application of the applicant Raman @ Rohit, is, accordingly, 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 downloaded copy of this order from the official website of Allahabad High Court and self attested by the counsel for the applicant.
Order Date :- 5.1.2021 A. Mandhani