This court rejected a bail application filed under Section 439 Cr.P.C. by Rohit Kumar, accused of abduction and sexual assault leading to murder. Findings indicated victim murder prevented exculpatory evidence; bail denied.
Bail application rejected and consigned to record.
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. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37719 of 2020 Applicant :- Rohit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sharad Kumar,Abhinav Singh,Krishna Kumar Counsel for Opposite Party :- G.A.,Alka Upadhyay,Manish Tiwari
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record. None appeared for the informant despite notice given in writing to him.
Counter affidavit filed by learned AGA today is taken on record.
The present bail application under Section 439 Cr.P.C. has been filed by the applicant who is involved in Case Crime No. 86 of 2020, under Sections 366, 376 D IPC, P.S. Budhana, District Muzaffar Nagar.
Prosecution case is that on 12.03.2020, minor daughter of the first informant, went with the informant to cut the sugar cane in the field and after cutting the sugarcane, informant stayed in the field for filling his buggi and his daughter is said to have returned her home at about 12.30 to 13.00 p.m. and in the way when she reached near Kuti then the applicant with co accused Ankit (brother of the applicant) came to her by their motor cycle and they lifted her forcefully in their motorcycle and ran away from the spot. It is further alleged that victim raised alarm but none came to save her. The report of the incident was lodged on 16.3.2020 at 10.56 a.m. after recovery of the victim.
After recovery of the victim on 16.3.2020, Investigating Officer recorded the version of the victim under Section 161 Cr.P.C. in which she has repeated the prosecution story as narrated in the FIR and the victim was handed over to her parents with instruction that she will be presented next day for her medical examination and her statement under Section 164 Cr.P.C. Thereafter, the victim is alleged to have been murdered in the night of 16/17-03-2020 at 1.30 a.m. by some one by cutting her
neck by sharp object and thereafter FIR was lodged on 17.3.2020 against the co accused of the present case, namely, Ankit vide Case Crime No. 91 of 2020, under Sections 452, 302 IPC at P.S. Budhana, District Muzaffar Nagar in which after investigation charge sheet has also been submitted against the applicant.
Submission of learned counsel for the applicant is that applicant has been falsely implicated in the present case as he has not committed the offence as alleged against him. It is further submitted that on the date, time and place of occurrence neither the applicant was present nor he participated in any manner in the occurrence. It is further submitted that applicant is aged about 19 years and there is no eye witness of the alleged occurrence. The applicant is in jail since 09.09.2020 and has no criminal history and trial is likely to take some time, therefore, the applicant may be granted bail.
On the other hand, learned AGA opposes prayer and submits that there are sufficient evidence against the applicant and co accused. It is further submitted that the victim has been murdered brutally before recording of her statement under Section 164 Cr.P.C. and, therefore, at this stage, it cannot be said that the applicant is not guilty and is entitled to bail.
I have heard learned counsel for the parties and perused the record.
Looking to the facts and circumstances of the case, nature of allegations and evidence collected by the prosecution, submissions of the counsel for the parties, at this stage, I am not inclined to allow this application.
The application is hereby rejected and is consigned to record.
Order Date :- 21.12.2022 RavindraKSingh
Digitally signed by RAVINDRA KUMAR SINGH Date: 2022.12.21 16:52:56 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to an applicant accused of sexual offenses and murder where the victim was murdered before recording her medical statement.
Whether the applicant's lack of criminal history and alleged false implication merit bail at this stage.
1 provisions across 1 enactments
Rohit Kumar
Shekhar Kumar Yadav
Ravindra Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
