Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49609 of 2021

Applicant :- Roop Singh

Opposite Party :- State of U.P.

Counsel for Applicant :- Ashok Kumar Singh,Amit,Ram Swaroop

Counsel for Opposite Party :- G.A.,Ajay Kumar Srivastava,Anand Priya

Singh

Hon'ble Sameer Jain,J.

Heard Sri Amit learned counsel for the applicant and Sri

Anand Priya Singh, learned counsel for the opposite party

No. 2 and Sri Vivek Dubey learned AGA for the State and

perused the record of the case.

This bail application under Section 439 of Code of

Criminal Procedure has been filed by the applicant- Roop

Singh, seeking enlargement on bail during trial in

connection with Case Crime No. 0144 of 2021, under

Sections 328, 376-D, 506, 313 I.P.C. and 3/4 POCSO Act,

registered at P.S.-Sadh, District-Kanpur Nagar.

The FIR of the present case was lodged by the mother of

the victim on 4.7.2021 against the applicant and one other

co-accused, namely, Gulbadan Singh with the allegation

that the applicant committed rape with her minor daughter

aged about 16 years in the month of February, 2021 and

thereafter several times he committed rape with her. Due

to the act done by the applicant, the victim became

pregnant and this fact only could be revealed on

30.6.2021 when due to stomach pain, informant (opposite

party No. 2) took her daughter to the doctor and

thereafter, FIR was lodged against the applicant and the

co-accused, namely, Gulbadan Singh.

During

investigation, the statements of the victim under Section

161 and 164 Cr.P.C. were recorded and in both the

statements, she reiterated the version of the FIR and

stated that the applicant committed rape with her and due

which she become pregnant.

Learned counsel for the applicant submitted that the

entire allegation levelled against the applicant are totally

false and baseless applicant neither committed rape with

her nor the victim became pregnant with him. He further

contended that victim is a major girl more than 19 years of

age and he has been implicated in the present case only

due to the reason that opposite party No. 2 has taken a

loan from the applicant and when applicant demanded his

debt, he has been falsely implicated in the present case.

Per contra learned AGA as well as learned counsel for the

informant submitted that victim is a minor girl below 16

years of age. Learned AGA further submitted that during

investigation, Investigating Officer collected the transfer

certificate of Junior High School of the victim and as per

transfer certificate, the date of birth of the victim is

5.5.2006 and, therefore, she is around 15 years of age

and is minor girl who became pregnant by the wild act

done by the applicant.

Learned counsel for the complainant further submitted

that the allegation against the applicant is consistent

since beginning and even in the statement recorded

under section 161 and 164 Cr.P.C., victim made allegation

of rape against the applicant. Therefore, the applicant

should not be released on bail.

I have heard both the parties and perused the records of

the case.

It is a case in which modesty of a minor girl has been

ravished by the applicant alongwith co-accused person.

The age of the victim as per the educational records is

around 15 years and she became pregnant too. Victim in

her statement recorded under Section 161 and 164

Cr.P.C. specifically alleged that the applicant alongwith

co-accused Gulbadan Singh committed rape with her and

only in the month of July, her pregnancy could be

revealed and due to fear of the applicant and the co-

accused, she could not earlier disclosed about the act

done by applicant and the co-accused. Under Section 29

of the POCSO Act there is a presumption that if an

accused is prosecuted under the provisions of POCSO

Act then it shall be presumed that he committed offence

under the provisions of the Act. In the pre