SUNIL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ajai Kumar, learned counsel for applicant and Sri K.P. Pathak, learned A.G.A. for State.

(2.) Applicant-Sunil, has approached this Court by way of filing the present Criminal Misc. Bail Application under Sec. 439 Cr.P.C. after rejection of his Bail Application vide order dtd. 15/6/2021, passed by Special Judge (POCSO Act)/ Additional Sessions Judge, Kannauj, in Case Crime No.194 of 2021, under Sec. 376 I.P.C. and 5/6 POCSO Act, Police Station Kannauj, District Kannauj.

(3.) The applicant is seeking bail for allegedly committing an offence which is shocking and inhuman. It is alleged that applicant, a Carpenter, committed offence of rape with the victim, a minor girl of three years old. The medical examination of the victim shows that her hymn was torn and there were swelling over labia majora and tenderness present over genitalia. Victim in her statement recorded under Sec. 164 Cr.P.C. has communicated by words and also by action that applicant has raped her and blood was oozing out from her private parts. The applicant was apprehended from the spot and a named FIR was lodged against him.