Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29381 of 2020 Applicant :- Shishupal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Yadav,Muktesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Shishupal has prayed to release him on bail in Case Crime No. 237 of 2019 u/s 376 (2) (L), 506 I.P.C. and Section 5/6 POCSO Act and Section 3 (2) (V) SC&ST Act, P.S. Barnahal , District Mainpuri .
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent and he has been falsely implicated in this very case crime number, Applicant is in jail since 12.11.2019 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. He is of no criminal antecedents. First information report was delayed. Occurrence was of 29.10.2019 whereas report was of 10.11.2019. No medical report about any mental disorder is there. It is a false implication. Hence bail has been prayed for during trial.
Learned counsel for the informant as well as learned AGA has vehemently opposed the bail application with contention that a girl of 12 years was subjected to sexual assault by the applicant and she was of disordered mind. Her mother was not there and when she got information, she came to her home, tried to get FIR lodged against the applicant then applicant and his relatives being of higher power threatened her for getting any case lodged. Subsequently when she get opportunity, this case lodged in police hi-ups. The statement recorded under Sections 161 and 164 Cr.P.C. is fully intact wherein subsequently sexual assault has been said by the minor girl. Offence is very heinous. Bail be rejected.
Having heard and gone through the material placed on record, it is apparent that results of delay in lodging the report is there in the first information report itself. Victim is a member of scheduled caste community. Accused is son-in-law of persons of the same village who were on higher muscle power. Prosecutrix has been held to be of 12 years in medical age determination by the medical board. She had narrated the occurrence before medical officer before whom she was examined. The accusation of rape is there in the statement recorded under Sections 161 and 164 Cr.P.C.
Considering all those facts and circumstances, vulnerability of power, minor girl of scheduled caste community, likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail, but without commenting on merits of the case, no case for bail is there.
Accordingly, the bail application is rejected. Order Date :- 6.1.2021 Ravi Prakash