Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35348 of 2018 Applicant :- Bhola Rathore Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Raghubir Singh, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant- Bhola Rathore seeks bail in Case Crime No. 103 of 2018, under Sections 376 I.P.C., 5/6 of POCSO Act and Section 3(2)(5Ka) of SC/ST Act, Police Station- Chhatta, District- Agra.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case by the first informant. The prosecution case of commission of rape is wholly false and fabricated, thus the applicant, who is in jail since 13.06.2018, may be enlarged on bail during trial.
Per contra, learned A.G.A. has vehemently opposed the prayer for the bail.
Having heard the learned counsel for the applicant and the learned A.G.A. and considering the fact that the victim is aged about 6 years and there is allegation of sexual assault on her by the applicant. In the rejection order of the trial court it is recorded that the hymen of the victim was found old torn. The relevant page of the medical report has not been annexed along with the affidavit filed in support of the bail application, I do not deem it a fit case to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
Order Date :- 19.9.2018 Vikas