SUDHIR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Rakesh Pati Tiwari, learned counsel for the applicant, Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record.

(2.) This bail application under Sec. 439 of Code of Criminal Procedure has been filed by the applicant Sudhir Singh, seeking enlargement on bail during trial in connection with Case Crime No. 116 of 2019, under Sec. 376 IPC and Sec. 5/6 Protection of Children from Sexual Offences Act, 2012, registered at P.S. C.B.Ganj, District Bareilly.

(3.) The first information report of the case was lodged on 23/3/2019 by Rajvir Singh against the applicant alleging therein that on 20/3/2019, he and his family members were not in the house. His daughter/victim/prosecutrix was alone there. Taking advantage of it, applicant lured his daughter and took her near a pond and committed rape upon her. His daughter is aged about 12 years. At the time of incident, victim started shouting and then on hearing it, they reached the place of occurrence after which applicant ran away. The incident is of about 10:00 PM. On asking, the victim disclosed the name of the applicant as Sudhir and told him that he has committed rape upon her. The villagers tried to get the matter settled due to which they did not report to the police station but has now come to lodge the first information report.