Court rejected bail application in a rape and POCSO case, balancing allegations of false implication against gravity of charges. Trial expedited for final decision within one year.
Bail application rejected; trial directed to be concluded within one year.
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. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20093 of 2021
Applicant :- Mohd. Kasim @ Shabu @ Shahrukh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The present bail application has been filed by the applicant involved in Case Crime No.40 of 2021, under Sections 323, 376-D, 506, 120-B IPC and 3/4 POCSO Act and 3(2)(V) SC/ST Act, P.S. Swar, District Rampur with the prayer to enlarge him on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. There is delay in lodging FIR, which has not been explained. It has been stated that there are contradictions in the statement of victim girl, recorded under Section 161 and 164 Cr.P.C. In her statement under Section 161 Cr.P.C., she has made allegations of rape against applicant only but in her statement under Section 164 Cr.P.C, she has made allegations of rape against applicant as well as against co-accused Bhoora. It has been submitted that her version is not supported by medical evidence as no injury has been shown on the body of victim girl. As per ossification test, age of victim girl is about 19 years and thus, she was a major girl. Learned counsel has also referred statement of one Savitri, who after the alleged incident has reached at the spot and it has been stated that as per statement of said Savitri, victim has not told anything about the
alleged incident to her. It was submitted that false allegations of rape have been levelled against applicant. It was also stated that allegation of sending obscene photograph of victim to her brother is against accused Bhoora. It was further submitted that applicant is languishing in jail since 12.02.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail and argued that as per school record, victim is a minor girl and that in her statement under Section 164 Cr.P.C., she has made allegations of gang rape against applicant. It was also stated that her obscene photograph with applicant was taken by co-accused Bhoora and it was sent to brother of victim girl. It has been submitted that victim is a member of scheduled castes.
Considering the submissions of learned counsel for the parties, nature of accusations, gravity of offence and all attending facts and circumstances of the case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Mohd Kasim @ Shabu @ Shahrukh is hereby rejected.
However, keeping in view of period of incarceration of applicant and also considering the fact that the case is stated at the state of final argument, trial court is directed to expedite the trial and to decide the same preferably within a period of one year from the date of filing a certified copy of this order, if there is no legal impediment.
Order Date :- 24.11.2021 Neeraj
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving offences under IPC and POCSO Act.
Whether the delay in FIR lodging and contradictions in victim statement warrant bail.
Mohd. Kasim @ Shabu @ Shahrukh
State of U.P.
Another
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
