This court rejected a bail application filed by an accused charged with kidnapping, rape, and offences under the POCSO Act against a minor victim, deeming it not a fit case for bail.
Bail application rejected; trial directed to be expedited.
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Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26206 of 2019
Applicant :- Ravi Alias Ravi Shankar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Pandey,Prem Prakash Yadav,Satya Prakash Yadav Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 24 of 2019, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Shahganj, District Sonbhadra with the prayer to enlarge him on bail.
It has been argued by the learned counsel for applicant that there is delay of one week in lodging FIR, which has not been explained. As per school leaving certificate, age of victim girl is about 16 years. Learned counsel argued that allegations made by the victim regarding kidnapping and rape, are false and baseless and that applicant was falsely implicated in this case. It was further submitted that victim girl has not sustained any external injury and that allegations of alleged rape are not supported by medical evidence. It was further submitted that applicant is languishing in jail since 18.3.2019 and that in case he is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. opposed the prayer for bail and argued that victim girl has stated her age 14 years in her statement under Section 161 Cr.P.C. and 15 years in her statement under Section 164 Cr.P.C. As per medical examination report, age of victim is
16 years. It was submitted that victim girl has made allegations of rape against applicant in her statement recorded under Sections 161 as well as 164 Cr.P.C.
Considering the submissions of learned counsel for the parties, nature of accusation, age of victim and all attending facts and circumstances of case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application of applicant Ravi Alias Ravi Shankar is hereby rejected .
However, keeping in view period of incarnation of applicant, learned trial court is directed to expedite the trial and decide the same as early as possible.
Order Date :- 17.12.2019 A. Tripathi
3 issues framed by the court
Whether bail should be granted to an accused lodged under offences involving kidnapping, rape, and acting with a minor.
Whether the delay in lodging the FIR and lack of medical injuries suggest false implication of the applicant.
Whether the trial should be expedited considering the period of incarceration.
Ravi Alias Ravi Shankar
State of U.P.
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
