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Allahabad High Court rejects bail to man accused in minor gangrape case

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.

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The Allahabad High Court has rejected the anticipatory bail to a man accused of gangraping a minor, while stating that crime against women is a monstrous burial of dignity in the darkness, and it is against the holy body of a woman and the soul of a society.

A Single-Judge Bench of Justice Chandra Dhari Singh passed this order, while hearing a Criminal Miscellaneous Anticipatory bail application filed under Section 438 CrPC, filed by Chotu alias Suneel Kumar.

The application sought anticipatory bail in FIR, registered at Police Station Misrikh, district Sitapur, under Sections 354, 504, 506, 376D IPC & Section 7/8 of Protection of Children from Sexual Offences Act.

The Counsel for the applicant submitted that he is innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated due to enmity.

It was submitted that earlier the applicant’s side registered an NCR bearing dated 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.

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The Counsel for the applicant said 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, vehemently opposed the anticipatory bail and submitted that the applicant is charged for heinous offence under Sections 376D IPC and 7/8 of POCSO Act. A minor girl was gangraped.

It is further submitted that the statement of the prosecutrix under Section 164 CrPC has not been annexed with the anticipatory bail application, however the Court, while rejecting the anticipatory bail application of the applicant, assigned the reason that the prosecutrix in her statement under Section 164 CrPC has specifically contended that two persons raped her when she went to attend nature’s call. Upon hearing the scream, her brother (eyewitness) came and saw the entire incident.

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The Court observed, “The 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 CrPC, gist of which finds mention in the anticipatory bail rejection order of the Court below dated August 18, 2021, reveals the involvement of the applicant in the case.

“The prosecturix, who is a minor, in the said statement has levelled specific allegation of committing gangrape upon the applicant and other co-accused. Crime against 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.

“So far as the fact that 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,”

-observed the Court.

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