Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18150 of 2010
Petitioner :- Anil Kumar
Respondent :- State Of U.P.
Petitioner Counsel :- R.C. Yadav
Respondent Counsel :- Govt Advocate
Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application has been filed with a prayer to release the applicant on bail in Case Crime No.
240 of 2010, under Sections 376 and 511 IPC, P.S. Mau Aima, District Allahabad.
Learned counsel for the applicant has submitted that the applicant is innocent and has been
falsely implicated. He further submits that the allegation against the applicant is that he attempted
to commit rape on the victim aged about 7 years. He further submits that the applicant is a
married person of 30 years having three children. He further submits that the applicant is a very
poor person and he, somehow, earns his livelihood by doing farming and if he is not released
on bail his three minor children and wife will have to face a lot of difficulties including
financial hardship in the present economic set up because except the applicant there is no one
in his family to look after the family affairs. He further submits that there being some dispute
between the parties regarding abadi land the relations between them are strained, due to which
the applicant, with malafide intention, has been falsely implicated in this case just to harass,
victimse and exert pressure on him. He further submits that no mark of injury either external
or internal part of the victim was found. He further submits that the applicant has no criminal
history and is in jail since 2.6.2010.
Per contra, learned AGA while opposing the bail application has submitted that the applicant
attempted to commit rape upon a minor girl who is of a very tender age of six years. He further
submits that the statement of the victim recorded under Section 164 Cr.P.C. fully corroborates the
prosecution story. He further submits that the commission of such offence with an innocent child
of such a tender age of 6 years can result in both short-term and long term harm and ruin the
entire life of the child, and the same being a very heinous offence, the applicant is not entitled to
any indulgence. He further submits that such destructive tendencies growing in the society must
be nipped in bud to convey a strong message to the culprits in the society. He further submits that
considering the gravity and nature of the offence committed by the applicant, he does not deserve
any sympathy and the bail application is liable to be rejected outrightly.
In view of the facts and circumstances of the case, and having regard to the nature and gravity of
the offence as well as the tender age of the victime, no case for bail is made out. The prayer for
bail is declined and the bail application is rejected.
However, the learned lower court is directed to expedite the trial and conclude the same
expeditiously keeping in view the provisions of Section 309 Cr.P.C.
Order Date :- 5.5.2010
MLK
Order Date :- 16.7.2010
MLK