Heard Sri Syed Riyaz Askari, learned counsel for the applicant and Sri Roopak Chaubey, 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. 606 of 2020 under Sections 354, 354B, 376A,B, 506 I.P.C. and Section 5D/6 POCSO Act, Police Station Ramgarh, District Firozabad during the pendency of trial.
As per F.I.R. lodged by the mother of the victim, Girja Devi, on 12.2.2020 at about 4:00 PM her two daughters aged about 6 years and 8 years respectively were enticed away by the accused-applicant in field of sugarcane and both of them were molested and were threatened that in case they revealed about this occurrence at home, they would be killed.
Submission made by the learned counsel for the applicant is that in medical examination, no external injury were visible on body of either victim, for this he has drawn attention to page 33 of the paper book which is not fulfledged medical examination report but only narration of the same has been made by the investigating officer in case diary. It is further argued that there are discrepancies in the statements of the victims in the manner in which occurrence took place and therefore statements of the victims are not believable and should be discarded. It is further argued that because these victims used to steal the sugarcane from the field of sugarcane of the accused, which was resisted hence accused-applicant has been falsely implicated. He is in jail since 16.12.2020. If released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer of grant of bail and has drawn attention to the statement of the victims under Section 161 Cr.P.C. and 164 Cr.P.C.. Both the victims have stated in statement under Section 161 Cr.P.C. that accused had taken both of them in a field of sugarcane and they were undressed and hands were taken around their hips. In statement under Section 164 Cr.P.C., one of the victim has clearly stated that she was picked up by the accused and was taken in a field of sugarcane where she was undressed and finger was inserted inside her vagina.
Without expressing any opinion on the merits of the case and looking to the statements of both the victims who are innocent children, 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 :- 7.4.2021 A.P. Pandey