Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35876 of 2019 Applicant :- Saurav @ Mussa Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Kumar,Maohammd Nadeem Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Pursuant to the order dated 17.09.2019, Dr. Renu Singh, Senior Consultant is present in the Court and verify the result of radiologist report. She accepted that the flow in the opinion given by doctor. She assured the Court that she would take due care in preparing medical report in any such case in future. She accepts that the age of the victim is 5-6 years.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 41 of 2018, under Sections 376, 342, 323 IPC and Section 5m/6 POCSO Act, P.S. Thathiya, District Kannauj, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submits that the FIR was lodged by father of the prosecutrix under Sections 354 (Gh), 323, 504, 506, 7/8 POCSO Act, on the next day i.e. on 26.01.2018. The applicant is named in the FIR and the age of the prosecutrix is 5-6 years. Though, her statement under Section 164 Cr.P.C. recorded after considerable delay, she has stated that the applicant has committed rape upon her. He has next submitted that the allegation made in the FIR are not supported by the medical evidence.
Taking into account the present scenario recall the opinion regarding age given the radiologist. The medical report could not be fully relied upon in favour of applicant.
Keeping in view the complicity of the applicant in the commission of crime and submissions of the learned counsel for the parties, taking into account that the victim is a small girl aged about 5-6 years, I am of the view that the applicant has not made out a case for bail.
Accordingly, the present application stands rejected.
Order Date :- 26.9.2019 v.k.updh.