Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12563 of 2021 Applicant :- Adil Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Tiwari Counsel for Opposite Party :- G.A.,Ajay Kumar Pathak
Hon'ble Om Prakash-VII,J.
Present bail application has been filed by the applicant with the prayer to enlarge him on bail in case crime no. 8 of 2021, under Sections 147, 452, 323, 504, 506, 376 IPC and 67(A) I.T. Act, P.S. Chandapa, District Hathras.
Heard Shri Adya Sharma holding brief for Shri Rakesh Kumar Tiwari, learned counsel for the applicant, Shri A.K. Pathak, learned counsel for informant as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. No prima facie case is made out against the applicant. Victim was major and consenting party. Physical relations were established with her at her own sweet will. She never made any complaint to any one. At this juncture, learned counsel for the applicant referred to contents of F.I.R., statement of victim recorded under Sections 161 and 164 CrPC and also the statement made before the doctor concerned and further submitted that at no pint of time applicant prepared indecent photographs of the victim. It appears improbable and unbelievable that applicant's sister was also involved in preparing indecent photograph of the victim. This fact itself shows that F.I.R. was lodged on the basis of false facts. Nothing is on record to show that at any point of time indecent photograph of victim was made viral by the applicant. The applicant has no criminal history. He is languishing in jail since 13.1.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for informant as well as the learned AGA opposed the prayer for bail and submitted that though age of the victim is shown as 19 years yet she has clearly supported the prosecution case. Offence of rape was being committed repeatedly upon her by the applicant. A prima facie case is made out.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victim recorded under Sections 161 and 164 CrPC and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application is liable to be rejected and the same is accordingly rejected.
However, trial court is directed to decide the trial of the matter expeditiously.
Order Date :- 27.9.2021 safi