Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27750 of 2018 Applicant :- Vijay Verma Opposite Party :- State Of U.P.
Counsel for Applicant :- Gopeshwar Sahai Bisaria Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application has been filed seeking the release of the applicant on bail in Case Crime No. 1061 of 2015 u/s 376 I.P.C. & Section 3/6 of the Protection of Children From Sexual Offences Act 2012, Police Station-Pooranpur, District-Pilibhit. Heard learned counsel for the applicant and learned A.G.A.
Perused the record.
It has been fairly admitted by applicant's counsel that the trial has already commenced and a number of prosecution witnesses have already been examined. Learned counsel tried to submit that the allegations of rape though has been clearly made in the statement of the victim given before the Magistrate, but the same was not so obviously given in the earlier versions like FIR and the statement of the victim recorded under section 161 Cr.P.C. and the allegations were only of making an indecent assault and therefore a case for bail is made out. The period of detention of the applicant has also been pointed out.
Learned A.G.A. has opposed the prayer for bail and has submitted that the age of the victim is just 5 years and she was the child of such tender age that the full details of the incident may not be expected from her. It has also been pointed out that the victim was medically examined and the tenderness was found in the genital parts of the victim which also corroborates her version given before the Magistrate. It has been submitted that the description as has been given in the FIR is that accused got indulged in doing the obscene activities with the victim which is quite a broad description and in fact such allegation will not rule out the sexual assault made upon the victim. Further submission is that there is absolutely no reason for the family members to falsely implicate the applicant and embroil the honour of the family and the honour of the girl in such manner for no rhyme or reason. The activities in which the applicant got indulged display that he is a person of depraved moral character who has been blinded by the carnal instincts to the extent that he stooped himself to the level of such kind of debased activities with a child of such tender age. Submission is that in this case the accused does not deserve any liberal treatment.
After considering the submissions made at the Bar and perusing the record, this Court is of the view that when the trial is already in progress, it shall not be proper to give any finding or pass any order on merits of the case on the basis of the statements given in the court. The matter is already within the realm of the trial court now and the accused should get the final verdict with regard to his innocence or guilt from the trial court itself on the basis of thorough appreciation of evidence produced in the trial. Weighing the evidence, analysing the testimony and worth of witnesses and thereby making a judicial assessment of the same can more appropriately be done by the trial court. Going into the intricate details and the subtle appreciation of facts at this stage when the trial is already progressing, are all matters relating to trial. Any finding or order passed by this Court on merits after assessing the testimonies of prosecution witnesses produced in the trial court might seriously impair the independent dispassionate assessment of the trial court. This Court, therefore, abstains to pass any detailed order on merits on the point of bail at this stage of the trial, lest it may cause prejudice to either side. Suffice it to say that the case diary and other record disclose enough material to make out prima facie case against the accused and there is enough material to substantiate the charge.
In a case of this gravity along with the nature of evidence which is available on record against applicant, the detention of the applicant can also not be said to be so long drawn out which may constitute a legitimate ground enough to set him at liberty or may persuade the Court to grant him bail on that basis.
In the aforesaid background, looking to the gravity of offence and the overall facts and circumstances of the case and especially keeping in view the fact that the trial has already started, the bail application stands rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 26.7.2018 shiv