Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11679 of 2020 Applicant :- Veeru @ Durgesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Birendra Singh,Ram Om Vikram Singh Chauhan,Shiv Om Vikram Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the accused-applicant, Veeru @ Durgesh, who is said to be involved in Case Crime No.698 of 2019, under Sections 376 and 452 of I.P.C., read with 3/4 of POCSO Act, Police Station- Auraiya, District- Auraiya, is seeking enlargement on bail.
Learned counsel for accused-applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number owing to a dispute with regard to a wall; first information report has been lodged after six days; occurrence was of 9.9.2019, whereas, first information report was lodged on 14.9.2019; there is variance in the statement, recorded, under Sections 161 and 164 of Cr.P.C.; age of the prosecutorix was held to be of 16 years in the medical age determination examination; no medical report is in support of offence of rape; applicant is languishing in Jail since 31.10.2019; accused-applicant is of no criminal antecedent; there is no likelihood of fleeing from course of justice or tampering with evidence in case of release on bail; Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail with this contention that the prosecutorix is minor and she has been subjected to rape by the applicant.
Having heard learned counsel for both sides and gone through materials on record, it is apparent that the first information report was got lodged on 14.9.2019 for an occurrence of 9.9.2019 and it has been specifically mentioned in it that the informant, alongwith his wife, was at Allahabad and when he came back to his home, he was apprised about this occurrence, thenafter, this report was got lodged. Meaning thereby, it was an instant report, wherein, specific accusation of rape is there. Prosecutorix, in her statement, recorded, under Sections 161 and 164 of Cr.P.C., has categorically reiterated accusation of offence of rape, committed by the applicant. The same stands corroborated with the statement made before the Medical Officer, given at the time of medical examination for age determination, which has been determined to be 16 years.
Considering all those facts and circumstances and heinousness of offence as well as likelihood of tampering with evidence, in case of release on bail, there appears to be no ground for bail.
Accordingly, this Bail Application stands rejected.
Order Date :- 6.1.2021/bgs/