Allahabad Sept 15 (ILNS) The Allahabad High Court recently rejected the anticipatory bail to accused of gang-raping a minor, while stating that crime against women is a monstrous burial of dignity in the darkness. It is against the holy body of a woman and the soul of a society.
A Single Bench of Justice Chandra Dhari Singh passed this order while hearing a Criminal Misc Anticipatory Bail Application U/S 438 Cr.P.C. filed by Chotu @ Suneel Kumar.
The Application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in FIR, under Sections 354, 504, 506, 376D IPC & Section 7/8 of Protection of Children from Sexual Offences Act, P.S. Misrikh, District Sitapur.
Counsel for the applicant submitted that the applicant is innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated due to enmity.
It is submitted that earlier the applicant’s side registered an NCR on March 16, 2021 under Sections 323 & 504 IPC at Police Station Mishrit, District Sitapur against one Ramkhelawan (father of complainant of the case), therefore, the criminal proceeding has been initiated by the complainant only to harass the applicant and force him to settle the aforesaid NCR case.
Counsel for the applicant said that the applicant is ready for his DNA Test to ascertain his false involvement in the case. He undertakes to abide by all the conditions imposed by this Court while granting anticipatory bail.
Rajesh Kumar Singh, Additional Government Advocate has vehemently opposed the anticipatory bail and submitted that the applicant is charged for heinous offence i.e. Sections 376D IPC and 7/8 of POCSO Act. A minor girl was gang raped.
It is further submitted that statement of the prosecutrix under Section 164 Cr.P.C. has not been annexed with the anticipatory bail application, however, the Court below while rejecting the anticipatory bail application of the applicant has assigned the reason that the prosecutrix in her statement under Section 164 Cr.P.C. has specifically contended that two persons raped her when she went for a natural call. Upon hearing the scream, her brother (eyewitness) came and saw the entire incident.
The Court observed that, Additional Government Advocate, on the basis of instructions, has submitted that the applicant is not participating in the investigation. His custodial interrogation is required. I have heard counsel for the parties and perused the record.
In perusal of the statement of the prosecutrix recorded under Section 164 Cr.P.C on August 18, 2021, reveals the involvement of the applicant in the case.
The court said, that the prosecturix, who is a minor, has levelled specific allegation of committing gang rape upon her by the applicant and other co-accused person. Crime against the women and children, more particularly, is a monstrous burial of dignity of a woman in the darkness, and it is a crime against the holy body of a woman and the soul of a society, the court said.
“The applicant is not co-operating in the investigation, it is settled law that if a person is not cooperating, absconding or concealing himself so as to evade the judicial process, he is not entitled for the extraordinary relief of anticipatory bail”, the Court said while rejecting the bail application./ILNS/AP/SNG