KANPUR: Special judge Pocso Act court Kanpur Nagar Raj Veer Singh on Friday rejected the second bail application of accused Sunil who had been arrested by the Chakeri police under charges of committing an unnatural offence.
The court in its order observed that the victim was around 13 years and 9 months old when the incident had taken place. In his statement recorded under section 164 Cr P C, he stated that accused Sunil, who resided in the same locality, on some pretext took him near one Gulli’s house where he had sodomised him, made a video of the act from his mobile and thrashed him. He had threatened him of dire consequences if he told anyone about the act to anyone.
The court in its order observed that the photograph submitted by the prosecution at the time of hearing of the accused's first bail application clearly depicted the offence.
His first bail application was rejected on April 18, 2022, and he has not mentioned any new ground for his bail in his application.
Since the offence was of serious nature, and in view of the facts, circumstances and seriousness of the offence, the court was rejecting his second bail application without making any comment on merits of the case, the court observed in its order.
Earlier, the defence counsel pleaded that the accused was innocent and had been framed in the case as the FIR was lodged after two weeks and there the medical examination of the victim had not been done. As he has no criminal history, therefore, he should be released on bail.
Public prosecutor Dharmendra Verma pleaded that the accused had committed the unnatural offence with the victim and made a video of it. His first bail application was rejected by this court. Since the offence was of serious nature, his second bail application should be rejected, he argued.
