Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18404 of 2019 Applicant :- Vipin Chauhan Opposite Party :- State Of U.P. Counsel for Applicant :- Tripurari Pal Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant; the learned AGA for the State and perused the record.
The instant application has been filed seeking bail in case crime no.250 of 2013, under Section 3 (A)/4 Pocsto Act, police station Jagdishpura, district Agra.
The applicant is in jail since 30.03.2019 consequent to his arrest even though he had been summoned on 01.05.2014.
The first information report, which has been lodged by mother of the victim against the applicant, indicates that the victim Bharti, aged about six years, was sexually assaulted by the applicant who happens to be the son of the employer of the informant. The medical examination report of the victim is on record at page 22 of the paper book. The internal examination discloses hymen torn.
The initial statement of the victim had also supported the prosecution case.
It appears that the police submitted final report and thereafter the applicant was summoned.
The contention of learned counsel for the applicant is that from the statement of Doctor Sangeeta, recorded under section 161 CrPC, it appears that the injury found on the private part could also be caused by reasons other than sexual assault.
Learned AGA has opposed the prayer for bail and submitted that the medical examination report indicates hymen torn. Under the circumstances, it is not a fit case for bail, particularly, when the victim has supported the prosecution case.
I have given thoughtful consideration to the rival submissions. Without expressing any opinion on merits, this Court does not find it to be a fit case for grant of bail to the applicant. The bail application is rejected.
Order Date :- 21.8.2019. Rks.