The Allahabad High Court has rejected the bail application of an ‘Ojha’ (exorcist) for allegedly raping a 15-year-old girl under the pretext to provide treatment to her through religious methods.
A Single Bench of Justice Sameer Jain passed this order while hearing a Criminal Misc Bail Application filed by Hanuman Ram.
The bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case under Sections 376 (3) and 506 IPC and Section 3/4(2) POCSO Act, Police Station Balua, District Chandauli during pendency of the trial.
FIR of the case was lodged on 13.7.2023 against the applicant and according to the FIR, due to bad health of his daughter aged about 15 years informant invited the applicant, who was “Ojha” and under the pretext of religious ceremony he committed rape with her daughter.
Counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and actually applicant and informant are close relatives and informant has taken loan from the applicant and only due to non-payment of loan some dispute arose between both of them and thereafter informant lodged FIR of the case agaisnt the applicant on the basis of false allegation of rape.
He further submitted that as the victim is minor aged about 15 years and, therefore, she under the pressure of her parents started making allegation of rape against the applicant.
He also submitted that the story narrated by the victim does not appear to be convincing.
Counsel for the applicant said that medical report also does not support the allegation of rape.
He further said that the applicant does not have any previous criminal history and in the matter he has been in jail since 14.7.2023.
Per contra, AGA opposed the prayer for bail and submitted that applicant has misused his position and under the pretext to provide treatment of the victim by way of religious ceremony, he influenced the victim and thereafter he committed rape with her and this fact is evident from her both the statements recorded under Sections 161 and 164 CrPC.
AGA further submitted that the victim is hardly a 15 years old girl and, therefore, the applicant should not be released on bail.
“Considering the fact that applicant is ‘Ojha’ and he under the pretext to provide treatment by religious way committed rape with the victim, who was aged about 15 years when she was alone with him in the room, in my view, applicant is not entitled to be released on bail”, the Court further observed while rejecting the bail application.
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