The court emphasized the seriousness of the allegations and the need for expeditious trial in cases involving offences against children and threats to their safety.

JUDGMENT :

1. Heard Sri Imran Ullah, learned counsel for the applicant, Sri Gaurav Kakkar, learned counsel for the informant and learned A.G.A. for the State.

2. The instant bail application has been filed on behalf of the applicant, Sunil Kumar Yadav, with a prayer to release him on bail in Case Crime No. 82 of 2020, under Sections 376, 506 I.P.C., Section ¾ of Protection of Children From Sexual Offences Act, 2012 and Section 67(B) of Information Technology (Amendment) Act, 2008, Police Station-Churkhi, District-Jalaun, during pendency of trial.

3. The applicant has been implicated in this case on the allegation of committing the offence of rape against a woman under 16 years of age, hatching of criminal conspiracy, threatening, committing the offence of penetrative sexual assault and offence u/s 67B of Information Technology (Amendment) Act, 2008, along with three co-accused persons also named in the first information report.

4. The allegation in the first information report is that about five years ago when the prosecutrix was studying in Class-X, co-accused, Rashmi and Pinki, called her to their house where she met their brother, the applicant. She was given sweets on the eve of Holi festival and thereafter, she became unconscious. When she gained consciousness, she came back. On the next morning, the applicant is alleged to have shown her nude photograph on phone and directed her to do as he directs otherwise he will make the obscene photograph viral. The prosecutrix became fearful and she was subjected to rape by the applicant number of times. In order to save herself from the accused persons, she went to Jhansi and took admission in Datiya but after two months, the applicant and co-accused Pushpendra found her and both committed the alleged offence there against the prosecutrix. Sunil had taken her photograph after putting Sindoor in her hair. He always kept a country-made pistol with him and used to threaten her of killing her family members. For the last five years, she was subjected to hellish conditions but prior to Holi, they started pressurizing her to enter into physical relationship with others also so that they may earn money. They also started pressurizing her to involve her younger sister in this. The prosecutrix got disturbed and left Jhansi and came back to her house and informed the family members about the entire incident. On account of fear of the applicant, her family members discontinued her studies at Jhansi and started searching boy for her marriage. After sometime, the applicant got phone number of the prosecutrix and started compelling her to come to Jhansi. In the month of August when she was in field, the applicant after consuming liquor and went to her house and after not finding her at her house, he threatened her mother of kidnapping the prosecutrix. Thereafter, he forwarded the nude photograph of the victim on the mobile phones of the villagers. The applicant and co-accused, Pushpendra, have spoiled the life of the prosecutrix. Hence, the first information report was lodged.

5. Learned counsel for the applicant submits that it is a case of false implication. The allegations in the first information report are not correct. No offence was committed against the prosecutrix five years ago as falsely alleged in the first information report. He has further submitted that the victim never made any complaint earlier regarding the incident which is said to have started taking place in the year 2015. Even at Jhansi, she did not lodged any report against the applicant. No date and time of the incident has been mentioned in the first information report which has been lodged after direction of the Senior Superintendent of Police. He has further submitted that the independent witnesses have stated that prosecutrix and the applicant were friends since the year 2018 but thereafter, it appears that some dispute has taken place between them. Hence, report has been lodged before the police. They have stated that the