Criminal Misc. Bail Application rejected. Applicant Pradum Singh was denied bail in a rape trial involving Sections 376 IPC and POCSO Act despite claims of false implication, as the victim's statement and medical report provided grounds to reject the prayer.
Bail prayer is declined/rejected without expressing any opinion on the merit of the case.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34871 of 2018
Applicant :- Pradum Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Pradeep Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Pradeep Kumar Tiwari, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant- Pradum Singh seeks bail in Case Crime No.41 of 2018 (S.S.T. No. 67 of 2018), under Sections 376, 452, 506 I.P.C. and Section 4 of POCSO Act, Police Station- Sajeti, District- Kanpur Nagar.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case by the first informant. He next submitted that no such incident as alleged by the first informant in the F.I.R. has taken place and the entire case has been concocted by the informant. Therefore, the applicant, who is in jail since 26.02.2018, may be enlarged on bail during trial.
Per contra, learned A.G.A. has vehemently opposed the prayer for the bail and submitted that the victim is aged about 16 years. In her statement recorded under Section 164 Cr.P.C., the prosecutrix has stated that the applicant raped her on knife point. The FIR of the alleged incident was lodged promptly on the very next day of the incident. In the medical report of the victim, bite marks on her face, her hymen was found torn and reddish which support the prosecution version of rape.
In the facts and circumstances of the case, especially, the medical report and the statement of the victim recorded under Section 164 Cr.P.C., 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 :- 17.9.2018 Vikas/-
3 issues framed by the court
Whether the applicant is eligible for bail given the victim's statement and medical report in a rape case.
Whether the false implication defence raises any ground to grant bail.
Whether bail should be granted when the offence is punishable under Section 376 IPC and Section 4 of POCSO Act.
5 provisions across 3 enactments
Pradum Singh
State Of U.P.
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
