In a bail application under the IPC and POCSO Act regarding rape allegations against a minor, the High Court rejected the prayer, holding the case unfit for bail due to the gravity of the offence and specific allegations.
Bail application rejected; applicant not enlarged on bail.
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.
Neutral Citation No. - 2023:AHC:123084
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17904 of 2023
Applicant :- Dharmveer Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vivek Kumar Singh,Piyush Tripathi Counsel for Opposite Party :- G.A.,Lavkush Kumar Bhatt
Hon'ble Mayank Kumar Jain,J.
Rejoinder affidavit filed on behalf of applicant is taken on record.
Heard learned counsel for the applicant, Sri Lavkush Kumar Bhatt, learned counsel for the informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 368 of 2022, under Sections 376, 384, 506 of IPC & 3/4 POCSO Act, 2012, Police Station Kayamganj, District Farrukhabad with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is further submitted that in her statement recorded under Section 161 Cr.P.C., victim made allegation against the applicant of committing rape on her. She further stated that she left her house and has gone to Delhi as applicant threatened her. It is further submitted that from a bare perusal of the statements of the victim recorded under Section 161 and 164 Cr.P.C., it transpires that she was a consenting party. It is further submitted that there are material contradictions in the statements of the victim. It is further submitted that as per her High School certificate, she was aged around 16 years and 8 months at the time of incident. It is further submitted that victim has herself refused to undergo for her internal and external medical examination. It is further submitted that applicant is languishing in jail since 11.10.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate assisted by learned counsel for the informant has opposed the prayer for grant of bail by contending that as per High School certificate of the victim, her date of birth is 02.01.2006 and at the time of
incident, she was aged around 16 years and 8 months. Therefore, she was minor at the time of incident. Her consent, although not admitted, has no significance. It is further contended that obscene video of victim made by applicant was also preserved by the Investigating Officer during investigation. Victim in her statements recorded under Sections 161 and 164 Cr.P.C. made specific allegation of rape against the applicant.
Considering the rival submissions of learned counsel for the parties, nature of allegations, gravity of offence and the fact that victim was minor at the time of incident and she has made specific allegation of rape against the applicant in her statements recorded under Sections 161 and 164 Cr.P.C., I do not find it a fit case for bail. Hence, the bail application is hereby rejected.
Any observation made above shall not be treated as any finding on the merits of the case and shall not prejudice the trial in any manner.
Order Date :- 1.6.2023 AKT
Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail given the gravity of the offence including rape and involvement of a minor victim.
Whether material contradictions in the victim's statements or refusal to undergo medical examination entitle the applicant to bail.
3 provisions across 3 enactments
Dharmveer
State Of U.P.
3 Others
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
