Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4518 of 2018 Applicant :- Bhagwan Das Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyaveer Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Counter affidavit filed today on behalf of the State by learned AGA is taken on record.
Heard Shri Satyaveer Singh, 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 is innocent and has been falsely implicated due to ulterior motive. Further submission is that applicant has not committed the crime as alleged. Further submission is that victims statements being tutored is not reliable. Further submission is that prosecution does not find support from the medical evidence as no mark of injury has been found on her person in her medical examination. Further submission is that applicant who is in jail since 23.08.2017 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 7 years has supported the prosecution and her version is supported with medical evidence also and there is no reason of false implication. He further submitted that prompt F.I.R. of the incident has been lodged.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case, specially the age as well as statement of the victim in which she has supported the prosecution and her statement is supported with medical evidence also, I do not find it to be a case of bail.
The bail application of applicant Bhagwan Das in Case Crime No. 666 of 2017, under sections 376 I.P.C. and section 3/4 POCSO Act, P.S. Banna Devi, District Aligarh is accordingly rejected.
Order Date :- 29.3.2018 Bhanu