Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31341 of 2021 Applicant :- Vikash @ Vikesh Opposite Party :- State of U.P.
Counsel for Applicant :- Dinesh Kumar Gupta,Raghawendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Despite service of notice, none is present on behalf of complainant.
Heard learned counsel for the applicant, 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. 123 of 2021, under Sections 305, 506, 376(3) I.P.C. and section 3/4(2) POCSO Act, P.S. Bairia, district-Ballia, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against the present accused about the incident, which had taken place on 22.5.2021 and it was alleged in the FIR that the complainant received an information at about 6:30 A.M. that his daughter (deceased) Nikki, who was aged about 14 years has died due to hanging. It was also alleged that the present accused had entered the house of complainant in the night of 21.5.2021 at about 11:00 O'clock in the night and several persons were gathered there and for fear of reprisal the complainant released the present accused after giving him warning.
Learned counsel for the applicant submits that the applicant is absolutely innocent and he has nothing to do with this crime. He has been falsely implicated in the present case due to some ulterior motive. Neither there is any dying declaration on record nor there is any evidence against the applicant, which could show that the deceased was either instigated, abeted or pressurized to commit suicide. He lastly submits that the applicant has no reported criminal antecedent and is in jail since 25.5.2021 and his trial not concluded till date and as such he is entitled to be enlarged on bail.
Per contra learned AGA opposed the prayer for bail and submitted that it was only the accused who has committed the act of forceful rape against the victim, which compelled the deceased to commit suicide, which is evident from the postmortem report of the deceased, in which the hymen was found lacerated and ruptured. Blood was oozing from her private part and hence the applicant's prayer for bail at this stage is liable to be rejected.
After having heard the submissions advanced by learned counsel for the parties, considering that the hymen of the deceased was lacerated and ruptured and blood was oozing from the private part, considering the facts and circumstances of the case and perused the material brought on record, this Court is not inclined to enlarge the applicant on bail at this stage of trial.
Accordingly, the bail application is rejected.
Order Date :- 25.10.2021 Faridul