Allahabad High Court
Shambhunath Verma vs State Of U.P. And 3 Others on 20 March, 2023
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53976 of 2022 Applicant :- Shambhunath Verma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised. As informed by learned A.G.A., notice has been served to the informant on 23.11.2022.
2. Heard learned counsel for the applicant as well as Sri R.P. Patel, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 223 of 2020, U/S 376AB IPC and 5/6 POCSO Act, Police Station Belaharkala, District Sant Kabir Nagar, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have attempted to commit rape with the minor daughter of the informant on 29.11.2020 at about 6.30 pm, when she had gone to the shop of the applicant to take toffee. The victim was found crying, as such, she was inquired about the reason of her crying, she had narrated the incident to her parents the same night. The FIR was lodged in the midnight of 30.11.2020 at 00:38 hours.
5. Learned counsel for the applicant has argued that the applicant is a married person aged about 37 years old, and is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel has stated that the applicant had given a loan of Rs. 50 thousand to the father of the victim, as such, the applicant has been implicated to usurp the said amount. Learned counsel has next stated that no offence is made out against the applicant as it is alleged in the FIR and the statement of the informant recorded under Section 161 Cr.P.C. that an attempt has only been made. Learned counsel has also stated that later on during the statement of the victim recorded under Section 164 Cr.P.C., the case has been escalated to that of aggravated sexual assault and the allegations of rape has been foisted on him.
6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 2.12.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that as per the FIR, age of the victim is eight years and as per the ossification test report, her age was found the same. Learned counsel has also stated that as per the injury report, she has sustained injuries on her private parts, as such, the applicant is not entitled for bail.
8. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature of offence, evidence on record, pending trial and considering the complicity of accused, severity of punishment, and taking into consideration the tender age of the victim and the injury sustained by her, at this stage, without expressing any opinion on the merits of the case, this Court is not inclined to release the applicant on bail.
9. The bail application is, accordingly, rejected.
10. However, it is directed that the court below may proceed with the trial and reach at the logical conclusion expeditiously, if there is no legal impediment, within a period of one year from the date of production of a certified copy of this order.
11. 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.
Order Date :- 20.3.2023 Shalini