Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4279 of 2019 Applicant :- Raman Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilesh Kumar,Urmila Shukla Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for applicant and learned A.G.A. for the State.
This application for bail has been moved on behalf of the applicant, Raman, who is involved in Case Crime No. 747 of 2018 under Sections 376 and 506 IPC and Section 3/4 of POCSO Act, Police Station-Kotwali, District-Fatehpur for enlargement on bail during pendency of trial.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case due to ulterior motive on the basis of false and concocted story. It is further submitted that as per medical report, there is no internal and external injury on the body of the victim and age of victim has been ascertained about 12 years. It has also submitted that victim in her statement recorded under section 164 Cr.P.C. admitted earlier enmity between the two families. The circumstances which, according to the counsel, led to the false implication of the applicant has also been touched upon at length. It has also been submitted by the learned counsel that applicant has no criminal history to his credit and he is in jail since 21.09.2018. If he is released on bail there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
On the other hand, learned Additional Government Advocate opposed the prayer for bail and drawn the attention of the Court towards the statement of victim recorded by the Magistrate under Section 164 Cr.P.C, in which victim has levelled allegations of rape upon the applicant and co-accused. It was further submitted by the learned A.G.A. that absence of injury on private part or any other parts of the body of the victim cannot make the prosecution story of gang rape doubtful. It was also submitted by learned A.G.A. that whether crime of rape has occurred or not is legal conclusion and not medical one and absence of any injury on the body of the victim may not itself discredit the statement of victim recorded under section 164 Cr.P.c.
The victim in her statement recorded under Section 164 Cr.P.C. has fully supported the prosecution case. There is no reason to disbelieve the statement of the prosecutrix. In this case a minor girl of 12 years have been brutally ravished by two persons. The rape with a minor child creates an atmosphere of fear, which is universally abhorred by the society. It demands just punishment from the Court and to such a demand, the Courts of law are bound to respond within the legal parameters. It is a demand of justice and the award of punishment has to be in consonance with the legislative command and the discretion vested in Court.
Having considered the submissions of the parties, gravity of the offence and the punishment provided, I find no ground to release the applicant on bail.
The bail application is accordingly rejected.
Order Date :- 30.1.2019 Pr/-