Point of Law: Crime against women and children - Rape - Bail rejected - Statements of witness annexed with affidavit in support of bail-application are also sufficient together to show, the accused-applicant is capable of tampering evidences and affect witness adversely.

ORDER :

1. The case is called out through video conferencing.

2. Learned counsel for the bail-applicant Sri. Anil Kumar Srivastava, Advocate and learned A.G.A. for the State Sri. Prem Prakash, Advocate are connected through video conferencing in virtual hearing of the case.

3. The present bail-application is moved on behalf of accused-applicant/Shabbir, who is involved in Case Crime No. 209 of 2020, under Sections 363, 366, 376, 506 of I.P.C. Section 3/4 of POCSO Act and Section 3(2)(5) of SC/ST Act, registered at Police Station Motigarpur, District Sultanpur.

4. Reading over the first information report lodged on 13.07.2020, learned counsel for the bail applicant submits the prosecution case, as emerging from the first information report and the statements of the witnesses is that, according to the complaint by the informant mother of the minor victim, one Udairaj, a neighbour boy who was on talking terms with her minor daughter, aged about 16 years, on 03.07.2020 enticed her to come near a tube-well of one Ashok Singh alongwith her Adhaar Card, Bank Passbook and some cash. The victim met with Udairaj as suggested by him alongwith her Adhaar Card, Bank Passbook and cash of Rs. 19,000/-. Udairaj took all the cash and papers from the victim and asked her to go alongwith the accused-applicant/Shabbir on his motorcycle with a promise of marrying with her. The present accused-applicant took the victim girl to a deserted place near ‘Saraiya Bazar Nahar’ and committed rape, thereafter, left her near ‘Pandey Baba Bazar’ from where, Udairaj took the victim to her home and threatened her of life, if she tells this to anyone else.

5. Learned counsel for the bail-applicant in the above context argued that after registering first information report, police started investigation and the statements of complainant and witnesses were recorded, wherein prosecution finds no support. Learned counsel particularly impressed on annexure no. 4 to the bail-application, the medical examination report, which was performed by the Doctor wherein it is reported that no external injury was found upon the body of the prosecutrix or any visible sign of sexual assault.

6. Learned counsel further submitted that the applicant is innocent, he has falsely been roped in the present case by the complainant, due to political rivalry as the family of the complainant and family of the applicant are on inimical terms with each other. He further argued that the named accused who enticed and took away the minor girl out of her natural guardian's custody ‘Udairaj’ is excluded from the charge-sheet, therefore, the entire prosecution case falls down being baseless. He pressed on this ground for release of the present accused-applicant on bail.

7. Learned A.G.A. in reply of the arguments from the side of accused-applicant submitted, it is obvious from the first information report that the victim is a member of schedule caste, a socially down trodden community by reason of which the complaint of her mother could be lodged by police only on 13.07.2020 in respect of sexual assault on her minor daughter dated 03.07.2020. After registration of F.I.R. only, the victim was subjected to medical examination, therefore, medical examination report cannot produce evidence of sexual violence committed on the victim after such a long gap.

8. He further submitted that the minor girl left her guardian's custody on the enticement of her friend Udairaj under impression that they were going to marry each other but the present accused-applicant/Shabbir who was present alongwith Udairaj at the prefixed meeting place, in aid, who when entrusted by Udairaj to provide a ride to her on motorcycle for another safe place, where Udairaj himself to reach, the accused-applicant took undue advantage of her helplessness and committed rape on her.

9. Learned A.G.A. argued, the allegation of rape is supported without any contradiction and anomaly in statement recorded by the Investigating Officer under Section 161 Cr