Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22554 of 2021 Applicant :- Ashraf@Mangal Opposite Party :- State of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Despite notice, none is present on behalf of the informant.
Learned A.G.A. states that he has filed counter affidavit in the matter.
Heard learned counsel for the applicant and learned AGA for the State.
By means of this application, the applicant who is involved in case crime no. 520 of 2020, under Sections 376, 377, 342, 370A, 328, 323, 506 I.P.C., section 3 POCSO Act and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019, P.S. Mandi, district-Saharanpur and is in jail since 26.1.2021, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against six persons, including present accused about ill- treatment and rape committed by the present accused. It was also alleged in the FIR that co-accused Adil and Sazia in connivance with other co-accused Gulam Rasool had sold the minor daughter of the informant to co-accused Dilshad. It was also alleged that co-accused Dilshad and his brother Ashraf @ Mangal, the present accused have committed rape with the daughter of the complainant several times.
Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He also submits that as per ossification test, the age of the victim was found to be eighteen years and she was having pregnancy of approximately about 22-24 weeks. No marks of violence or injury were found on her body by the doctor who had examined her. He lastly submits that the applicant has no criminal history. He is languishing in jail since 26.1.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned AGA opposed the prayer for bail and submitted that the present accused happens to be brother-in-law of the complainant and as to why the complainant shall falsely nominate him. He also submits that the alleged victim in her statement recorded under Sections 161 and 164 Cr.P.C. (Annexures-3 & 4) has fully supported the prosecution case, hence the applicant's prayer for bail is liable to he rejected at this stage.
After having heard the rival submissions advanced by learned counsel for the applicant and learned A.G.A. for the State, considering that present accused happens to be brother-in-law of the complainant, this Court does not find it proper to release the applicant on bail.
The bail application is accordingly rejected.
Order Date :- 16.8.2021 Faridul Digitally signed by Justice Ajit Singh Date: 2021.08.19 10:10:04 IST Reason: Document Owner Location: High Court of Judicature at Allahabad