Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2209 of 2018 Applicant :- Chanda Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Prakash Singh,Vijay Prakash Singh Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Jai Prakash Singh and Sri Vijay Prakash Singh Kushwaha, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant- Chanda seeks bail in Case Crime No.178 of 2017, under Sections 376, 506 I.P.C. and Section 3/4 of POCSO Act, Police Station- Sidhpura, District- Kasganj.
It has been argued by the learned counsel for the applicant that the applicant is wholly innocent and he has been falsely implicated in the present case by the first informant. The F.I.R. was lodged with an inordinate delay of seventeen days. The prosecution version of rape does not find support from medical evidence and the allegation of commission of rape is wholly false and fabricated, thus the applicant, who is in jail since 11.09.2017, may be enlarged on bail during trial.
Per contra, learned A.G.A. has vehemently opposed the prayer for the bail and submitted that as per the F.I.R. the victim is aged about 14 years and as per her radiological examination also she is aged about 14 years. She has levelled allegation of rape by the applicant in her statement recorded under Section 164 Cr.P.C. Therefore, the applicant is not entitled to be released on bail.
Having heard learned counsel for the applicant and the learned A.G.A. for the State and considering the overall facts and circumstances of the case, I do not find any ground 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 :- 25.9.2018 Vikas