Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24511 of 2021 Applicant :- Surendra Kumar Bind Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar,Narendra Singh Counsel for Opposite Party :- Om Prakash Singh Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri O.P. Singh, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime no. 48 of 2021, under Sections 376D I.P.C. and section 3/4 POCSO Act, P.S. Karenda, district-Ghazipur, is seeking enlargement on bail during the trial.
The fist information report was lodged by the complainant about forceful gang rape of her daughter by the present accused and other co-accused Pramod Bind and Ashok on 25.2.2021 when she had gone to take potatoes from the field. It was alleged in the FIR that on 25.2.2021 at about 6:00 p.m. the alleged victim was called by co-accused Pramod Bind and committed rape with her in the field of 'Arhar'. When the alleged victim was coming out from the 'Arhar' field, then the present accused and other co-accused Ashok surrounded her and after pulling her in the field of 'Arhar', have committed rape with her respectively.
Learned counsel for he applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case due to village factional politics. He lastly submits that the applicant, who is having no criminal antecedents to his credit and he is in jail since 1.3.2021 and if he is released on bail, he will not misuse the liberty of bail and co-operate during trial.
On the other hand, Sri O.P. Singh, learned counsel for the informant has opposed the prayer for bail and submitted that as per school certificate the girl was merely thirteen years of age. He also submits that the alleged victim has consistently nominated the present accused in her statement recorded under Sections 161 and 164 Cr.P.C. and the doctor has found painful urination, painful defection and fissures abdominal pain when she was got medically examined.
After hearing the learned counsel for the parties and considering the material brought on record, considering the age of the alleged victim and considering the facts stated by the victim in her statement recorded under sections 161 & 164 Cr.P.C, this Court is not inclined to enlarge the applicant on bail during the trial, hence this bail application is rejected.
Order Date :- 21.12.2021 Faridul Digitally signed by Justice Ajit Singh Date: 2022.01.03 11:32:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad