Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39490 of 2018 Applicant :- Surajpal Opposite Party :- State of U.P.
Counsel for Applicant :- Vivek Kumar Mishra,Sudhakar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Surajpal, in Case Crime No. 410 of 2018, under Sections- 376, 506, 452 I.P.C. & 3/4 of POCSO Act, P.S. Tanda, District- Rampur.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 17.7.2018; there is no medical support of rape; there is no live and dead spermatozoa over the slide prepared from the viginal smear of prosecutrix; prosecutrix is of 16 years of age determined by Medical Board though said to be of 14 years in first information report; even after languishing in jail since 17.7.2018 and direction by this Court for day to day hearing, the statement of victim before Trial Court could not be recorded; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent.
Having heard learned counsels for both sides and gone through report submitted by trial Court, it is apparent that two witnesses have been examined and the trial is in process on day to day basis.
First information report was instantly got lodged on the same day of occurrence with accusation of rape by applicant who happens to be of same village and the victim is of 14 years and of retarded mind and she was sexually assaulted by applicant; the same is the statement of victim before Medical Officer as well as statements under Sections 161 as well as 164 of Cr.P.C., she is fully intact; she has been held to be of 16 years in medical age determination by Medical Board, which may be with variation of two years in either ways i.e. in consonance with contention of FIR Considering all above facts and circumstances, heinousness of offence of rape that too with a tiny child of 14 years with retarded mind, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, no ground for bail is made out.
Accordingly, the bail application is rejected.
However, trial Court is being directed to adhere the previous direction of Co-ordinate Bench of this Court for concluding the trial on day to day basis.
Order Date :- 21.12.2021 Kamarjahan