Cr. Misc. Bail Application rejected. Court found no ground to enlarge applicant Suresh Pal on bail in a POCSO and rape case pending trial, dismissing the prayer without merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32548 of 2018
Applicant :- Suresh Pal Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Manish Kumar Dwivedi, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant- Suresh Pal seeks bail in Case Crime No. 20 of 2017, under Sections 363, 366, 376 I.P.C. and Section 3/4 of POCSO Act, Police Station- Khoda, District- Ghaziabad.
Submission of the learned counsel for the applicant is that the prosecutrix is a consenting party and there are serious contradictions between her statements recorded under Sections 161 and 164 Cr.P.C. The version of rape as alleged by the victim is not supported by any medical evidence and the prosecution case of commission of rape is wholly false and fabricated, thus the applicant, who is in jail since 30.12.2017, may be enlarged on bail during trial.
Per contra, learned A.G.A. has vehemently opposed the prayer for the bail and submitted that as per the school certificate the victim is hardly aged about 15 years and 3 months. She has levelled specific allegations of rape by the applicant after she was kidnapped by him. Therefore, the applicant is not entitled to be enlarged on bail.
In the facts and circumstances of the case, I do not find any ground to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
Order Date :- 5.9.2018 Vikas/-
2 issues framed by the court
Whether the applicant is entitled to bail during trial under Sections 363, 366, 376 IPC and POCSO Act.
Whether inconsistencies in prosecutrix statement and lack of medical evidence are sufficient for bail in a POCSO case.
Suresh Pal
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
