Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34987 of 2020 Applicant :- Saleem Opposite Party :- State of U.P.
Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sudarshan Singh, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 423 of 2020, under Section 376D of I.P.C. and 67-B of I.T. Act, Police Station Baheri, District Bareilly.
As per F.I.R., which has been lodged by father of the victim, it has been stated that on 14.07.2020 when he along with his family was sleeping in the house, at about 01:00AM, in the night, the vicim had been taken away by the accused applicant along with co-accused Sartaz and rape was committed by them in truck No. UP 25 CT 4764 and video clipping was also made. When her daughter cried out loudly, the informant and his family members Abid and Bhura reached on the spot and witnessed the incident and caught the accused applicant on the spot.
It is argued by learned counsel for the applicant that the accused applicant has been falsely implicated. He is totally innocent; he is sixty six years of age and as per medical examination report he is 55 years of age and considering his age, he is unable to commit the aforesaid offence. It is further argued that the victim in her statement under Section 161 Cr.P.C. had stated that rape was committed by co-accused Sartaz and video clipping was made by accused applicant while in her statement under Section 164 Cr.P.C. she had stated that accused applicant had committed rape and thereafter co-accused Sartaz committed rape upon her and accused applicant had made video clipping of the same, therefore there are discrepancies in the statements of the victim. In medical examination report, bleeding has been seen at the perineum and hymen was found old torn and healed. Accused is lying in jail since 15.07.2020. He has no criminal history. If he is released on bail, he would not misuse the liberty.
Learned A.G.A. vehemently opposed the prayer of bail stating that the accused applicant was caught on the spot, therefore, bail application of the accused applicant should be rejected.
Looking to the fact that the accused applicant was caught on the spot as well as version of the victim has been supported by the medical examination as bleeding was seen, I do not find it to be a fit case for grant of bail to the accused-applicant.
Accordingly, bail application of the applicant, 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 downloaded copy of this order from official website of Allahabad High Court.
Furthermore, it is clarified that the observations, if any, made herein above shall be strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 6.1.2021 VPS