Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2086 of 2021 Applicant :- Ankush Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarvajeet Singh,Krishnam Pandey Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Despite service of notice none appeared for the opposite party no. 2 in the revised call.
Heard Sri Shikhar Trivedi, learned Advocate holding brief of Sri Krishnam Pandey, learned counsel appearing for the applicant and learned A.G.A.
This bail application has been filed by the applicant to enlarge him on bail in case crime no. 229 of 2020, under Sections 363, 376 (3), 342, 506 IPC and 3/4 POCSO Act, Police Station Faijganj Behta, district Budaun.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has not committed the present offence. It is further argued that the FIR was lodged on 02.09.2020 whereas the incident is said to have taken place on 17.09.2020. Age of the victim as per the medical examination is about 18 years. Referring to the medical evidence it is argued that prosecution case is not supported with medical evidence. Hymen was found to be old and torn. No external or internal injury was found. Referring to the statement of the victim recorded under Section 161 and 164 Cr.P.C. it was further argued that there is contradiction in both the statements. She has made a different story before the Doctor concerned at the time of medical examination. Thus, referring to the aforesaid facts, it was further argued that no prima facie case is made out against the applicant. Present FIR was lodged on the basis of false facts. The applicant is in jail since 21.09.2020 having no criminal history.
Learned A.G.A. argued that victim is minor. She has clearly supported the prosecution case in the statement under Section 161 and 164 Cr.P.C. She was enticed away by the applicant and kept her at his house for two days and also committed the offence of rape against her will. 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 161 and 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 :- 28.7.2021 Sachdeva