The Allahabad High Court has rejected bail to a pujari (temple priest) who committed unnatural sex with a 12-year-old orphan near a temple.
A Single Bench of Justice Rohit Ranjan Agarwal passed this order while hearing a Criminal Misc Bail Application filed by Jamna Giri.
The prosecution, as unfolded from the First Information Report, is that the victim is a boy aged about 11 years and already lost his parents, and is living with his uncle/informant.
On 09.02.2024, he had gone to see the mela/fair and when he did not return, his uncle went to search him and found him crying. The victim said that the applicant had taken him away near a temple, and had performed unnatural sex with him.
Counsel for the applicant has submitted that the applicant has falsely been roped in the case due to village enmity.
He further submitted that the applicant is a pujari and is taking care of Bahadurpur Mishra Temple.
It is submitted that the informant wanted him removed from the temple and thus, a false FIR was lodged. The applicant does not have any criminal history to his credit.
It is further submitted that the injury report does not speak about the offence under Section 377 IPC, and there is no external injury found during investigation.
He has further submitted that in the statement recorded under Section 164 CrPC, the victim had further elaborated the incident which was not recorded in the statement under Section 161 CrPC.
It is further submitted that the applicant is languishing in jail since 10.02.2024 and in case he is released on bail, he will not misuse the liberty of bail.
On the other hand, AGA has vehemently opposed the prayer for bail and submitted that the offence of the applicant has shaken the conscience. He has relied upon the statement recorded under Section 164 CrPC.
The Court observed that,
The victim in his statement recorded under Section 164 CrPC has maintained the FIR version as well as statements recorded under Section 161 CrPC. He has further deposed how the act was performed by the applicant.
From the perusal of the statement of the victim, who is a minor aged about 12 years, it is clear that the applicant has committed an offence which has shaken the conscience of the Court. There is no occasion why the victim, who is minor, would give such a type of statement against the applicant.
Looking at the gravity of the offence committed by the applicant, prima facie, no case for bail is made out, at this stage.
Hence, the Court rejected the bail application of applicant Jamna Giri involved in Case under Section 377 IPC & Section 3/4 POCSO Act, Police Station- Adampur, District- Amroha.
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