Allahabad High Court
Raja Ji @ Rajendra vs State Of U.P. on 26 July, 2021
Author: Rajendra Kumar-Iv
Bench: Rajendra Kumar-Iv
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL APPEAL No. - 4641 of 2019 Appellant :- Raja Ji @ Rajendra Respondent :- State of U.P. Counsel for Appellant :- Virendra Singh Parmar,Hariom Singh Counsel for Respondent :- G.A. Hon'ble Rajendra Kumar-IV,J.
Ref : Criminal Misc. Bail Application No. 01 of 2019.
Heard learned counsel for the appellant, learned AGA for the State and perused the material available on record.
Accused-appellant convicted in Special Case No. 29 of 2018, (State Vs. Raja Ji @ Rajendra) arising out of Case Crime No.61 of 2018, under Sections 376, 511 I.P.C. and Section 8 of Protection of Children From Sexual Offences Act, Police Station Khanna, District Mahoba sought bail during the pendency of appeal.
Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the present case. The appellant is aged about 74 years and he is in jail for more than 3-1/2 years. The F.I.R. is delayed by five days without any proper explanation. He further submitted that as per prosecution story, the victim is aged about 7 years and accused-appellant is alleged to have taken off undergarment (Chaddhi) of victim and tried to commit rape. There are material contradiction between the statements of victim and her mother. He showed some contradiction in the statements of witnesses. He further submitted that the trial court convicted the accused-appellant on the basis of surmises and wrong appreciation of evidence. Due to heavy pendency of appeals, this appeal is not likely to be heard in near future. In case the appellant is enlarged on bail, he shall not misuse the liberty of bail.
Learned AGA opposed the bail application by submitting that the appellant is previously convicted under Section 302 I.P.C. and while enjoying the liberty of bail, he has committed the present offence under Sections 376, 511 I.P.C. It is alleged that the appellant took off undergarment of victim and tried to commit rape. It is a perversity of mind of appellant which reflects that he is not entitled to any sympathy. Trial court has rightly convicted the accused-appellant on the proper appreciation of evidence and there is nothing on record so as to presume false implication of appellant.
Lower Court Record has been received and appeal is ready to be heard and decided.
When learned counsel for the appellant was asked to make a final argument in appeal but he is not ready. He does not want to get it decided, he only wants bail whereas the Court is ready and eager to decide the appeal finally.
Considering the rival submissions made by learned counsel for the parties, facts and circumstances of the case that age of victim and act done by accused appellant and his unwillingness to get the appeal decided on merit, I do not see any good ground to release the accused-appellant on bail.
Bail application of appellant Raja Ji @ Rajendra is accordingly, rejected.
The appeal is directed to listed in the month of November, 2021 for final hearing before appropriate Bench.
Order Date :- 26.7.2021 Manoj