Justice Ajit Singh rejected bail application by Faizan in rape case under IPC Secs. 376, 354, 120B and POCSO. Bail denied due to medical evidence of rape. Trial directed to conclude within one year due to court closure because of COVID-19.
Bail denied. Trial to be concluded within one year after courts resume normal functioning.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8155 of 2021
Applicant :- Faizan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Azhar Hussain Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant through video conferencing, learned A.G.A. for the State, who is present in the Couret and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 46 of 2020, under Sections 376, 354, 120B I.P.C. and Section 3/4 Protection of Children from Sexual Offences (POCSO) Act, P.S. Etmaddaula, district-Agra, is seeking enlargement on bail during the trial.
The first information report of the incident was lodged by the informant against the present accused and other co-accused Smt. Kallo about the alleged rape of his daughter. It was alleged in the FIR that on 23.1.2020 at about 4:30 p.m. the minor daughter of the informant was carried by Smt. Kallo to the house of her sister, where the present accused has committed rape with her.
Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. Further submission is that during medical examination, the victim has given her statement before the doctor, in which she has disclosed the name of one Ayan, who committed rape with her. He lastly submits that the applicant, who has no reported criminal antecedents to his credit and is in jail since 26.1.2020 is entitled to be enlarged on bail.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the alleged victim in her statement recorded under Sections 161 and 164 Cr.P.C. (Annexure nos. 5 and 7) has made specific allegation of rape against the present accused. He further submits that the victim was medically examined and her hymen was found torn and the private part of the alleged victim was found small abrasion. Redness was found present. As per medical opinion the alleged victim was aged about 14 years and the doctor in his report found injury on the private part, which indicates that the victim was forcibly raped.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record. I am not inclined to enlarge the applicant on bail at this stage of trial.
However considering the peculiar facts and circumstances of the case the trial court is directed the conclude the trial of the applicant within a period of one year after normal functioning of the courts as the courts are not normally functioning due to VOVID-19.
Subject to aforesaid direction, this bail application stands finally disposed of.
Order Date :- 22.6.2021 Faridul
2 issues framed by the court
Whether applicant in rape under Sec. 376 IPC/POCSO case is entitled to bail pending trial.
Whether trial of applicant should be concluded within one year considering COVID-19.
Faizan
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
