Allahabad High Court
Umesh vs State Of U.P. on 22 July, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 18 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1119 of 2019 Applicant :- Umesh Opposite Party :- State Of U.P. Counsel for Applicant :- Pawan Kumar,Bhaju Ram Pprasad Sharma Counsel for Opposite Party :- G.A. Hon'ble J.J. Munir,J.
This is second application for bail on behalf of the applicant, Umesh in connection with Case Crime No.296 of 2017, under Sections 363, 366, 376, 504, 506 IPC, Section 3/4 of the POCSO Act and Section 3(1)(12) & 3(1) Gha of the SC/ST Act, Police Station Farenda, District Maharajganj. The first application for bail was dismissed for non-prosecution by my order dated 01.10.2018.
Heard Sri Pawan Kumar, learned counsel for the applicant and Sri Indrajeet Singh, learned A.G.A. appearing on behalf of the State.
Learned counsel for the applicant relied upon the substantial averments in the first bail application, that is part of the record. It is submitted by him that the First Information Report has been lodged on 16.06.2017 regarding an incident dated 05.05.2017, with no explanation for the delay. It is further said that the First Information Report has been caused to be lodged by the father of the prosecutrix in order to blackmail the applicant as both of them fell in love and decided to marry. It is said in paragraph 5 of the affidavit filed in support of first bail application that they had fled away from home and eloped. It is submitted that the First Information Report has been lodged with an intent to separate the couple, and that this prosecution has been brought by the prosecutrix's father. The prosecutrix in her statement under Section 164 Cr.P.C. has affirmed the fact that she was enticed away by the applicant and taken to Punjab, and on way the prosecutrix had been threatened by the applicant of doing her father and mother to death. It has been clearly said in the said statement that the prosecutrix was ravished, which is substantially to the same effect as the statement of prosecutrix's statement made to the Doctor in confidence during her medico-legal examination and her statement under Section 161 Cr.P.C. No doubt, there is an allegation in that statement that the applicant took away the prosecutrix by blandishment on the pretext of marrying her, and there sexual relations by her consent have been mentioned. However, a perusal of the medico-legal examination certificate based on the prosecutrix's ossification test dated 10.07.2017, issued by the Chief Medical Officer, Maharajganj shows the prosecutrix to be aged about 15 years. The estimation of aforesaid age is based on ossification test. Giving whatever latitude with regard to advantage of age, the prosecutrix, by no means, is a major. Even if consent on her part were inferred, considering the prosecutrix's age, it would still be the statutory rape.
Learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, in particular, the age of the prosecutrix, but without expressing any opinion on merits, this Court does not find it to be a fit case for bail at this stage.
Accordingly, the bail application stands rejected at this stage.
The trial court is directed to expedite proceedings and conclude the trial as expeditiously as possible within six months next from the receipt of a certified copy of this order in accordance with Section 309 Cr.P.C. and in view of principle laid down in the recent judgment of Hon'ble Supreme Court in the case of Vinod Kumar vs. State of Punjab reported in (2015) 3 SCC 220, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate strict coercive measure for ensuring their presence. Once, the witnesses appear, they will not be discharged until their evidence is recorded.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 22.7.2019 Anoop