Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 780 of 2021 Applicant :- Akhtar Raza And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Prashant Kumar Singh,Harsh Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard S/Sri Prashant Kumar Singh and Harsh Narayan Singh, learned counsel appearing for the applicants and learned A.G.A.
This bail application has been filed by the applicants to enlarge them on bail in case crime no. 115 of 2020, under Sections 376-D, 504, 506 IPC, Police Station Naraini, district Banda.
Submission of the learned counsel appearing for the applicants is that applicants are innocent and have not committed the present offence. Victim is major and married lady having two children. Referring to the medical evidence it was further argued that no internal or external injury was found on the body of the victim. She is an illiterate lady. It was not possible that on her dictation such type of FIR could be lodged. It was further argued that earlier one FIR was lodged by the applicant against the village Pradhan. Since father of the victim was serving at the fields of village Pradhan, therefore, present FIR was lodged against the applicant on the basis of false facts. Applicant tried to lodge the FIR immediately but police did not register the same, therefore, delay occurred in lodging of FIR. It was next contended that there is contradiction in the contents of the FIR, statements recorded under Section 161 and 164 Cr.P.C. It was further argued that FIR was lodged on the basis of improbable and unbelievable story. If a person would have committed such type of offence and the victim has made resistant, certainly some injuries would have come on her body.
Learned A.G.A. argued that it is a case of rape. FIR was lodged on the next day. Referring to the medical evidence it was argued that medical evidence does not fully belie the oral version. Prosecution case is supported with medical evidence and statement recorded under Section 161 and 164 Cr.P.C. Contradiction elicited on the part of the victim are not material. Delay in lodging of the FIR in rape cases is also immaterial. There is consistency in the statement of the victim regarding the commission of the offence on the part of the applicant from the very beginning up to the stage of recording the statement under Section 164 Cr.P.C. A prima facie case is made out.
Having considered the rival submissions, going through the entire record and also taking into consideration the contents of the FIR as well as statement of the victim recorded under Section 164 Cr.P.C., the court is of the opinion that applicant has not made out a case for bail.
Bail Application is hereby rejected.
Order Date :- 16.8.2021 Sachdeva