Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 808 of 2021 Applicant :- Rishi Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sameer Jain Counsel for Opposite Party :- G.A.,Raj Kumar Kesari
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant and learned AGA for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.237 of 2020, under Sections 376AB, 377 I.P.C. and Section 5(m)/6 POCSO Act, P.S. Cholapur, District Varanasi with the prayer to enlarge him on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It has been stated that the prosecution version, that in the alleged incident deceased has suffered injuries and bleeding, is not supported by medical evidence. Learned counsel has referred the statement of concerned doctor and stated that the said doctor has mentioned that there was no external injury on the body of deceased. Learned counsel submitted that there are contradictions in the statement of victim girl recorded under Section 161 and 164 Cr.P.C. and that in her statement in Court, she has entirely changed the prosecution version. It has been pointed out that in fact applicant along with his family members resides in Mumbai and informant wanted to grab his property and that on account of property, some dispute has taken place on 17.07.2020 in the evening hours and after that both the parties were taken to police station. It has been submitted that in her statement in Court, victim girl has also supported this version and thus, it is apparent that applicant has been falsely implicated in this case. Further, the statement of mother of victim girl was recorded with long and undue delay and she has changed the prosecution version. It has been further submitted that prosecution version that applicant was apprehended and handed over to the police is not supported by the victim girl. It has been submitted that applicant is innocent and he has been falsely implicated on account of property dispute. It was further submitted that applicant is languishing in jail since 18.07.2020 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail and argued that victim is a six years old girl and that in her statement under Section 161 and 164 Cr.P.C., she has made clear allegations of rape against applicant. It was submitted that the statement of victim recorded by the Trial Court is yet to be appreciated by that Court. It has been submitted that there are no reasons why the parents of victim girl would implicate the applicant falsely showing such incident. It has been submitted that after the incident victim girl was admitted in hospital and she remain admitted for six days for treatment of injuries sustained by her in the alleged incident.
Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of the case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Rishi Jaiswal is hereby rejected.
Order Date :- 27.7.2021 Neeraj