Dismissed

Vikas Patel v. State of U.P. and 3 Others

Allahabad HC30 May 2023BAIL/19494/2023

Case brief

AI extract

What is this about?

This court rejected a bail application filed by Vikas Patel, a disabled applicant, in a child rape case. Despite claims of false implication, the court rejected bail due to serious allegations corroborated by the victim's medical report and an FSL report finding blood on the applicant's clothing and nails.

What did the court decide?

The bail application is rejected. The applicant is not entitled to be released on bail.

Vikas Patel Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:120433

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19494 of 2023

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Applicant :- Vikas Patel Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Satyendra Nath Tripathi,Ajitam Srivastav Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Sri Jhamman Ram, learned AGA apprised the Court that on 20.04.2023 notice has been served upon the informant. Despite service of notice none appeared on behalf of the informant.

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Heard Sri S.N. Tripathi, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 466 of 2022, under Sections 376AB IPC, Section 5/6 POCSO Act and Section 3(2)(5) SC/ST Act, Police Station Meja, District Prayagraj during pendency of the trial.

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FIR of the present case was lodged against applicant and according to the FIR applicant committed rape with the minor daughter of the informant aged about six years by inserting his thumb in her vagina.

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Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and applicant is disabled person and he was not in a position to commit such type of heinous offence against victim. He further submits that applicant used to reside in his maternal uncle's home and some dispute with regard to property is pending between him and his maternal uncle and only due to this reason on the instigation of his maternal uncle he was implicated by the informant in the present matter. He further submits that in the FIR the place of incident has been disclosed as behind the bush but when statement of witnesses were recorded including statement of victim then they changed the place of incident and stated that applicant committed rape in the corridor of the house and this fact

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clearly suggests that applicant has been falsely implicated by the informant in the present matter.

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Per contra, learned AGA opposed the prayer for bail and submitted that there are serious allegation against applicant and he inserted his thumb in the vagina of the victim aged about six years and due to the act of applicant she also sustained injuries and this fact is evident from her medical report. It is further pointed out that during investigation the shirt of the applicant was also sent for chemical analysis as it was having blood along with vaginal swag of victim and nail cutting of applicant and as per FSL report dated 01.12.2022, on the shirt and nail cutting of the applicant blood was found and this fact clearly suggests that applicant committed rape with the victim by inserting his thumb in her vagina, therefore, applicant should not be released on bail.

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I have heard learned counsel for the parties and perused the record of the case.

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Although, from the record it reflects that applicant is a handicapped person but allegations against him are serious in nature and as per prosecution he inserted his thumb in the vagina of the victim, who was hardly six years old and medical report of the victim also corroborates the allegation made against applicant.

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Further, during the course of argument learned AGA produced the FSL report dated 01.12.2022 which shows that on the shirt and nail cutting of applicant blood was found.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail.

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Accordingly, the instant bail application is rejected.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 30.5.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Vikas Patel v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Vikas Patel v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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