Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14522 of 2021 Applicant :- Saleem Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Srivastava,Abhishek Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant through video conferencing. Learned A.G.A. is present in the Court.
This is a bail application on behalf of the applicant Saleem in connection with Case Crime No.04 of 2020, under Sections 363, 376, 324, 506 I.P.C. and Sections 3, 4 of the Protection of Children from Sexual Offences Act, 2012, Police Station Barra, district Varanasi.
The First Information Report of this incident was got lodged by complainant against two persons including the applicant about the alleged rape of her minor daughter. It was alleged in the first information report that the applicant and complainant are neighbours and once the complainant had sent the victim for cooking the meal in the house of the applicant since co-accused Munni was not well and was unable to do cooking, the applicant tried to rape the daughter of the complainant. It was alleged that on 21.12.2019 fifty-sixty calls were made by the applicant then the daughter of the complainant went to the house of the applicant and he raped the daughter of the complainant and the applicant is again raped the victim on 20.12.2019 and committed and tried to compel his daughter to join prostitution when his daughter denied the applicant attacked with blades in which she got injuries.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He next submits that there is no one in the family to look after the family of the applicant. He lastly submits that the applicant is languishing in jail since 06.01.2020 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Per contra learned A.G.A. has opposed the prayer for bail. He submitted that the applicant has committed heinous crime. The victim has specifically named the applicant in her statements recorded under Section 161 and 164 Cr.P.C. and the medical of the victim shows that the hymen was absent. Therefore, the applicant is not entitled to be enlarged on bail.
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, considering the rival submissions, facts and circumstances of the case and considering that the applicant has forcefully raped and the victim got pregnant in that incident, but without expressing any opinion on merits, this Court does not find it to be a fit case for bail. However, learned trial court is directed to conclude the trial expeditiously, preferably within one year after normal functioning of the courts without granting unnecessary adjournments to either of the parties.
Accordingly, the bail application stand rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 29.10.2021 R./