Court No. - 42
Case :- CRIMINAL APPEAL No. - 2388 of 2018 Appellant :- Benami Respondent :- State Of U.P. Counsel for Appellant :- Rajiv Tiwari Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant and learned A.G.A. for the State and perused the material brought on record.
While pressing the bail application of appellant-Benami, learned counsel for the appellant has contended that the FIR is delayed by 6/7 days. The prosecutrix is major and she admittedly accompanied the accused Benami for over 38 days. The prosecutrix herself moved criminal writ petition before this Court, wherein direction for recording of statement of the victim under Section-164 Cr.P.C. as well as her medical examination was issued. In the medical examination, the age of victim has been assessed around 17/18 years. The appellant has no criminal antecedent. The appellant was on bail during the trial, which liberty he has not misused. The is in jail since 27.3.2018.
Learned A.G.A. has vehemently opposed the prayer for bail on the ground that the delay has been very much explained by the informant by producing his testimony and the victim was over powered by administration of something toxicant substance due to which she was over powered by the appellant. The statement of the prosecutrix is apparent regarding commission of offence of rape against her will by the appellant.
Considering the rival submissions and also various aspects of the case, I do not find it a fit case for bail.
The prayer for bail is rejected.
In this case lower court record is available.
Let the case be listed for final hearing in the week commencing 24th September, 2018.
Order Date :- 21.8.2018 S Rawat