Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11266 of 2018 Applicant :- Asad Opposite Party :- State Of U.P.
Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Shams Uz Zaman, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that applicant has been falsely implicated due to ulterior motive. Further submission is that F.I.R. of the incident has been lodged with delay of two days without any plausible explanation. Further submission is that there is variation in the statement of victim under sections 161 and 164 Cr.P.C. and also that victim being tutored, her statement is not reliable. Further submission is that victim has not been medically examined. Further submission is that applicant is in jail since 24.09.2017, he has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer and submitted that victim, a minor girl aged 10 years has supported the prosecution and there is no reason of false implication.
Having heard the submissions of learned counsel of both sides, considering the facts and circumstances of the case, specially the age of the victim, a minor girl aged 10 years and her statement in which she has supported the prosecution, I do not find it to be a case of bail.
The bail application of applicant Asad in Case Crime No. 298 of 2017, under sections 354A, 354B, 376 I.P.C. and 7/8 POCSO Act, P.S. Singhawali Aahir, District Baghpat is accordingly rejected.
Order Date :- 28.3.2018 Bhanu