Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34813 of 2018 Applicant :- Chhutkannu Opposite Party :- State Of U.P.
Counsel for Applicant :- R.L. Varma,Chandra Bhushan Verma Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri R.L. Varma, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been contended by learned counsel for the applicant that the statement of prosecutrix recorded u/s. 161 Cr.P.C is contrary to what has been recorded in her statement u/s. 164 Cr.P.C where no allegation of rape has been levelled against the applicant. He further pointed out that the applicant is in jail since 24.02.2018 and he has been falsely implicated in the present case.
Learned A.G.A. vehemently opposed the prayer for bail and submitted that prosecutrix is a minor girl aged about 15 years as per the medical report and in her statement recorded u/s. 164 Cr.P.C, she has levelled allegation of rape against the applicant.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Chhutkannu involved in Case Crime No.92 of 2018 under Section 354, 376 I.P.C. and sections 3/4/7/8 of POCSO Act, police station Jalalabad, District Shahjahanpur.
Accordingly, the bail application is rejected.
Order Date :- 14.9.2018 Madhurima