Single judge rejected bail application in a rape case under IPC and POCSO where the applicant alleged false implication. Bail was declined not on merits but due to absence of the relevant page of the medical report concerning the victim's hymen.
Application for bail rejected; opinion on merit of the case not expressed.
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. - 35348 of 2018
Applicant :- Bhola Rathore Opposite Party :- State Of U.P. Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Raghubir Singh, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant- Bhola Rathore seeks bail in Case Crime No. 103 of 2018, under Sections 376 I.P.C., 5/6 of POCSO Act and Section 3(2)(5Ka) of SC/ST Act, Police Station- Chhatta, District- Agra.
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. The prosecution case of commission of rape is wholly false and fabricated, thus the applicant, who is in jail since 13.06.2018, may be enlarged on bail during trial.
Per contra, learned A.G.A. has vehemently opposed the prayer for the bail.
Having heard the learned counsel for the applicant and the learned A.G.A. and considering the fact that the victim is aged about 6 years and there is allegation of sexual assault on her by the applicant. In the rejection order of the trial court it is recorded that the hymen of the victim was found old torn. The relevant page of the medical report has not been annexed along with the affidavit filed in support of the bail application, I do not deem it a fit case 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 :- 19.9.2018 Vikas
3 issues framed by the court
Whether bail should be granted to an applicant accused of rape against a 6-year-old victim when the prosecution has failed to annex the relevant medical report page.
Whether the applicant's allegation of false implication justifies bail without factual support regarding the medical evidence.
Whether the absence of the hymen tear medical report page warrants refusal of bail in a child sexual assault case.
Bhola Rathore
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
