CRJA/35/2022
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                                 CRJA No. 35 of 2022
                                 Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

(1) Mr. Karan Anand & Mr. Siddharth Bankoti, learned Amicus Curiae for the appellant.

(2) Mr. J.S. Virk, learned Deputy Advocate General for the State of Uttarakhand.

(3) Heard learned counsel for the parties on the bail application.

(4) This is a Jail Appeal filed under Section 374 (2) Cr.P.C. The appellant has challenged the judgment & order dated 31.03.2022 passed by learned Special Judge (POCSO), Rudraprayag in Sessions Trial No. 01 of 2022, whereby appellant has been convicted under Section 376(2)(n) I.P.C. and Section 5(j)(ii) and (l)/6 of POCSO Act and sentenced to rigorous imprisonment for 20 years with fine of `10,000/- and, in default of payment of fine, he was sentenced to undergo six years additional rigorous imprisonment.

(5) The case of the prosecution is that the FIR was lodged on 01.12.2021 at Police Station Guptkashi, District Rudraprayag against the appellant. It was alleged that appellant forcibly raped with the daughter of the informant, who was 17 years of age at the time of incident. According to FIR, rape was committed upon victim on 16.03.2021 and 17.03.2021 when her parents were out of house in connection with some work.

(6) It is submitted by learned counsel for the appellant that he admitted the incident having been committed by him with the victim but he offered to marry her for balancing the social obligation. He further submits that there is an inordinate delay in lodging the FIR, therefore, appellant is entitled to be released on bail.

(7) Per contra, learned Deputy Advocate General for the State submits that it is a case where due to offence committed by the appellant, victim becomes adolescent pregnant and had given birth to a baby on 12.12.2021. As per case of the prosecution, the DNA of baby was matched with the appellant.

(8) Having considered the facts and circumstances of the case, we are not inclined to grant bail to the appellant at this stage.

of 2023) is rejected.

(9) List this case for final hearing in usual course.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 05.07.2023 Aswal