Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47491 of 2020 Applicant :- Bulli @ Omdutt Opposite Party :- State of U.P.
Counsel for Applicant :- Akhilesh Kumar,Ravi Ranjan Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and learned counsel for the first informant and perused the record.
The present bail application has been filed on behalf of applicant with a prayer to enlarge the applicant on bail in Case Crime No.36 of 2018, under Sections 376, 452, 313, 506 of IPC, Police Station Markundi, District Chitrakoot.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. Alleged incident has been shown of 28.04.2018 and that FIR has been lodged on 19.09.2018. It has been submitted that victim is a major girl, aged 18 years and that she was a consenting party. Learned counsel has referred the statements of victim girl and other witnesses and submitted that the facts and circumstances of the case show that victim was a consenting party but when she became pregnant, the First Information Report was lodged making false and baseless allegations. Regarding criminal history of four cases, it was stated that in two cases applicant has been acquitted and in rest of cases he is on bail. It has been further submitted that allegations of rape are thoroughly false and baseless and that applicant is languishing in jail since 20.09.2018 and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail and argued that the victim girl, in her statement under Sections 161 and 164 Cr.P.C., she has made allegations of rape against applicant. It has been submitted that applicant has taken undue advantage of the fact that he was a distant relative of victim girl. Referring to the statements of victim recorded under Sections 161 and 164 Cr.P.C., it was submitted that serious allegations have been levelled against applicant and due to the incident of rape, victim had given birth to a child. Learned counsel for the first informant has submitted that victim girl and her family is continuously being harassed by the applicant and due to that harassment she has even to leave that village. It was also submitted that applicant has criminal history of four cases including that of a murder case.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, statements of victim, criminal history of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application of applicant Bulli @ Omdutt is hereby rejected.
Order Date :- 17.9.2021 Mohit