Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5122 of 2021 Applicant :- Surendra Lodhi Opposite Party :- State of U.P.
Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A.,Vipul Kumar Singh
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant, Surendra Lodhi, in Case Crime No. 154 of 2020, under Sections 376, 354B, 452, 323 IPC, Police Station Rath, District Hamirpur.
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 22.05.2020; 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; occurrence was said to be of 20.03.2020 and report was lodged on 24.3.2020 i.e. three days delayed; no accusation of rape is there; age of the prosecutrix, as per the Kutumb Register, is of 18 years. Hence, bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed with this contention that prosecutrix is handicapped /Divyang; she is of 17 years of age; she has been raped by the applicant, who happens to be uncle of prosecutrix; report was delayed under above circumstances, but prosecutrix is intact in her statements recorded under Section 161 and 164 Cr.P.C.
Having heard learned counsel for both sides and gone through materials on record, it is apparent that prosecutrix, in her statements recorded under Section 161 and 164 Cr.P.C., has said categorically about sexual assault made by the applicant, who happens to be uncle as per village relation.
Considering all those facts and circumstances of the case, heinousness of offence of rape, vulnerability of prosecutrix, who is a handicapped, aim and object of the Protection of Children from Sexual Offence Act, 2012 to protect children from sexual offence, likelihood of tampering with evidence in case of release on bail as well as likelihood of fleeing from course of justice, but without commenting on merits of the case, there appears to be no ground for bail.
Accordingly, this Bail Application stands rejected.
Order Date :- 26.10.2021 Dhirendra/