Criminal Misc. Bail Application rejected. The High Court held that no good reason existed to grant bail in a rape case against a teacher involving a child victim, despite the applicant's employment status.
Bail application rejected. Trial to be concluded within one and half years from production of this order.
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Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8136 of 2021
Applicant :- Raja Sah Alias Chunmun Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.,Anil Kumar Mishra
Hon'ble Rahul Chaturvedi,J.
Heard Shri Ajeet Kumar Singh, learned counsel for the applicant and Shri Anil Kumar Mishra, learned counsel for the complainant, who are connected virtually and also learned A.G.A. Perused the record.
The applicant is facing prosecution in Case Crime No.431 of 2020, u/s 376, 506 I.P.C. and Sections 3/4 of POCSO Act, P.S.Bairia, District Ballia. He is in jail since 17.12.2020.
The accused-applicant is a part time teacher and the victim girl is a student of Class-VIII. The age of the girl, according to medical examination report, is below 14 years. The allegation against the applicant is of committing rape upon the victim girl. There is consistency in the stand taken by the victim in her statements u/s 161 and 164 Cr.P.C. that the applicant has committed rape upon her. There are certain relationships which are sacrosanct and are supposed to have nothing except the good faith and respect to inspire them. The applicant being a teacher has a pious relationship with the victim, who has betrayed the trust of the girl and ravished her.
Under circumstances, I do not find any good reason to exercise my discretion u/s 439 Cr.P.C. in favour of applicant. Accordingly, the bail application stands REJECTED.
However, in the event the applicant submits the copy of this order before the concerned trial court, the trial court shall make all necessary endeavours to gear up the trial and conclude the same within one and half years from the date of production of copy of this order.
Order Date :- 6.7.2021 M. Kumar
2 issues framed by the court
Whether to grant bail to the applicant in a rape case involving a child under 14 years.
Whether there are any good reasons to exercise discretion for granting bail under Section 439 Cr.P.C.
1 provisions across 1 enactments
Raja Sah Alias Chunmun
State of U.P.
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
