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Allahabad High Court · body

2015 DIGILAW 4013 (ALL)

Ramesh Kumar v. State of U. P.

2015-12-16

KARUNA NAND BAJPAYEE

body2015
JUDGMENT Karuna Nand Bajpayee, J. This application has been filed seeking the release of the applicant on bail in Case Crime No.788 of 2014, u/s 354, 354(Ka), 354(Gha), 323 and 506 I.P.C. and Section-7/8 of POCSO Act, Police Station-Vijay Nagar, District-Ghaziabad. 2. Heard learned counsel for the applicant and learned A.G.A. 3. Perused the record. 4. Submission of counsel for the applicant is that the victim girl, who is daughter of the applicant, used to go to her grand parents without telling her father and this conduct of the girl was resented by her father that is why he chastised her and wanted to bring her to his house. Indignated by the same the victim daughter has implicated the applicant in this case with false story. 5. Learned A.G.A. has opposed the prayer for bail and has drawn the attention of the Court to the statement given by the victim before the Magistrate u/s 164 Cr.P.C. which narrates the details of the indecent assaults made by the accused-applicant on his own daughter. Submission is that in the F.I.R. also it was alleged by the victim that being upset because of the indecent assaults made on her by her father she had started living along with her grand parents. It has been further submitted that because of over sensitive nature of the issue and the fear of loss of social honour the victim girl somehow carried on. In fact the allegation was also made before the Magistrate by the victim girl that even her mother appeared to be on the side of the father. It was also alleged that in the state of inebriation her father used to come in the house and also made attempt to fondle with her breasts and used to indulge in activities which were abhorrent after coming to her bed. The last incident as has been narrated by the victim is when the father came to her grand-mother's house and tried to take her by force and when resistance was offered he tried to hit the Bhabhi of the victim by Sariya. Contention of learned A.G.A. is that there are certain relationships which are so sacrosanct that it cannot be even imagined that the perversity of some delinquent would ever commit a breach of the same. The relationship between the father and the daughter is one of those sanctified relationships since ages. Contention of learned A.G.A. is that there are certain relationships which are so sacrosanct that it cannot be even imagined that the perversity of some delinquent would ever commit a breach of the same. The relationship between the father and the daughter is one of those sanctified relationships since ages. The allegations made by the victim are of extremely abhorrent nature and speak about the debased criminal proclivities of the accused-applicant, who is none else than the father of the victim. Incidents of such sort cannot be liberally countenanced with by the Courts. It has been further submitted that ordinarily the father is supposed to be custodian of the rights and safety of his children but in the present case the protector has himself become the offender and has attempted to violate the chaste modesty of his own daughter. It has also been submitted that it is highly improbable to suggest that a minor daughter of somebody would make such kind of extreme allegations upon his own father if there was no truth in it for the purposes of false implication. It sounds highly improbable to suggest that the girl would stake her own personal honour and would expose herself to become the subject of controversy and ridicule of such defamatory nature out of sheer ill-will or malice towards her father. 6. Looking to the nature of offence, its gravity and the evidence in support of it and the overall circumstances of this case, this Court is of the view that the applicant has not made out a case for bail. Therefore, the prayer for bail of the applicant is rejected. 7. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.