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Ajimulla @ Tekai vs State Of U.P. on 31 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 82

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 48549 of 2018

Applicant :- Ajimulla @ Tekai

Opposite Party :- State Of U.P.

Counsel for Applicant :- Pradeep Kumar

Counsel for Opposite Party :- G.A.

Hon’ble Pradeep Kumar Srivastava,J.

Counter affidavit filed today by learned A.G.A, is taken on record.

Shri. Pradeep Kumar, learned counsel for the applicant and learned A.G.A are present.

This bail application has been given by accused Ajimullah alias Tekai in Case Crime No. 83 of 2018, under Sections 376 I.P.C and Protection of Children from Sexual Offence Act, 2012, Police Station Chowk, District Maharajganj.

As per F.I.R, on the date of incident at about 9.00 P.M when the victim, seven years old daughter of informant went to handpump, finding her alone, the accused took her to his house and started sexually abusing her. After returning to her house, victim told about the incident to her parents.

On the basis of the statement recorded by the Investigating Officer on C.D-6 dated 19.07.2018, offence was converted under Section 376 I.P.C and POCSO Act. Earlier F.I.R was written for offences under Section 354 I.P.C, 7/8 POCSO Act.

The submissions of learned counsel for the applicant is that initially F.I.R was lodged under Sections 354 I.P.C and 7/8 POCSO Act and nothing came in the statement of victim, on the basis of which, offence was converted into that of Section 376 I.P.C and POCSO Act. Even her statement under Section 164 Cr.P.C also does not correspond to the ingredients of the offence. There is no criminal antecedents of the accused. He has been falsely implicated and therefore he should be released on bail.

It has been submitted by the learned A.G.A that after completion of the investigation, Police has submitted charge-sheet against the accused for the offences under Sections 376 I.P.C and POCSO Act and court below has already taken cognizance.

Further submission is that at the time of incident as per F.I.R age of the victim was only 7 years whereas her age found in the medical examination is 10 years. From combined study of the statement of victim under Section 164 Cr.P.C and 161 SectionCr.P.C, offence has been converted into offence of rape and the same finds mention in the bail order passed by lower court below dated. 28.07.2018. It has been further submitted that at the time of the incident age of the accused was more than 40 years.

Considering the age gap between the victim and the accused, the offences for which charge-sheet has been submitted against him and considering all the facts and circumstances of the case, in view of the object of the POCSO Act which has been enacted for Protection of sexually abuse of the Children I, do not find sufficient ground at this stage for bail of the accused.

Hence, bail application of Ajimullah alias Tekai is rejected.

It has been submitted by the learned counsel of the accused that trial should be expedited and order to that effect may be passed.

The lower court below is directed to expedite the trial keeping in view of the mandatory provisions of the POCSO Act.

Order Date :- 31.7.2019/PS

 

 

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