Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5122 of 2016 Applicant :- Sohil Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Shukla,Anant Ram Dube Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Shri A.R. Dubey, learned counsel for the applicant and Shri S.S. Tiwari, learned Additional Government Advocate for the State.
By means of this application, the applicant, who is involved in Case Crime No. 395 of 2015, under Sections 376, 452 IPC and 3/4 of POCSO Act, PS Ramgarh, district Firozabad, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to enmity and some ulterior motive. It is further submitted that the informant has borrowed Rs. 10,000/- (rupees ten thousand only) from the grand-father of the applicant and when the applicant put pressure upon him for return of the money, the informant to avoid the payment has lodged the present FIR with false, fabricated and concocted allegations. It is also submitted that as per medical report, there is no injury on the private part of the victim. There is also no independent witness of the occurrence. It is next argued that there is no evidence against the applicant and the applicant is entitled to be released on bail. The applicant has been in jail since 20.5.2015 and in case he is released on bail, he shall cooperate with the trial.
Per contra, learned Additional Government Advocate opposed the prayer for bail and submitted that the victim is 16 years old mentally retarded girl. In her statement under Section 164 Cr.P.C., she has fully supported the prosecution case. Learned AGA also submits that though there is no injury on the private part of the victim, but the offence of rape or attempt to commit rape is legal conclusion and no medical one and that the applicant is not entitled to be released on bail.
In this case, I find that a heinous crime has been committed with a 16 years old mentally retarded girl and the applicant must suffer for its consequences. A rapist not only violates the victim personal integrity, but leaves indelible marks on the very soul of the helpless female. In this case, a hapless girl had been ravished by the accused, who must have undergone a traumatic experience. As a matter of fact the crime is not only against the victim, it is against the whole society as well.
Having considered the submissions of the parties, nature of accusation and gravity of the offence, the applicant is not entitled to be released on bail.
The bail application is accordingly rejected.
Order Date :- 26.4.2019 Ishrat