Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24152 of 2020 Applicant :- Aslam Opposite Party :- State of U.P.
Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Suresh Dhar Dwivedi, 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. 246 of 2020, under Sections 376, 323, 506 IPC, P.S. Sadar Bazar, District Shahjahanpur, is seeking enlargement on bail during the trial.
The informant is victim herself, who lodged the allegation of sexual assault upon the sole named accused person Aslam with the allegation that after blackmailing her and after having objectionable videos of her she was asked to dance on the tune of the applicant. Exploiting this situation, the applicant keep on ravishing her time and again. Her 161 and 164 Cr.P.C. statements are consistent against the applicant ruling out any possibility of consensual relation between them.
Per contra learned AGA has cited latest case law in this regard whereby, Hon'ble Apex Court in recent judgement SATE OF KERALA VS. MAHESH (Crl. Appeal No. 343 of 2021) decided on 19.03.2021, it was hold that seriousness of charges are the relevant factor, while considering and deciding the bail application.
Thus argued by learned AGA, keeping in view the totality of circumstances and the severity accusations made against the applicant he deserves no mercy from the Court.
After weighing the rival submissions on the judicial balance, the applicant deserves no sympathy and accordingly the application under Section 439 Cr.P.C. stands REJECTED.
Order Date :- 6.4.2021 Abhishek Sri.