Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19674 of 2021 Applicant :- Elkar@ Ahlkar Opposite Party :- State of U.P.
Counsel for Applicant :- Narendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant Elkar @ Ahlkar, in Case Crime No. 535 of 2020, under Sections 376, 452, 323, 506 IPC, Police Station Jaithra, District Etah.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 26.11.2020 ; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; there is variance in the statement recorded under Section 164 and 161 of Cr.P.C.; at one place, it was said that applicant jumped inside the house after jumping from wall whereas in other statement he said that he entered through gate; subsequently a knife was planted. Hence, bail has been prayed for.
Learned AGA has vehemently opposed.
Having heard learned counsel for both sides and gone through materials on record, it is apparent that occurrence was of intervening night of 24/25.11.2020 at 9:30 PM, when applicant did criminal trespass inside the house of prosecutrix and committed rape with her. Instant report of this occurrence was got lodged in the very next morning i.e. instant report with clear cut accusation of criminal trespass inside the house of prosecutrix and then after committing rape with prosecutrix. The same is statement of prosecutrix in statement recorded under section 161 as well as 164 of Cr.P.C. Prosecutrix is a widowed lady and she was sexually assaulted by applicant, resident of same village .
Looking to the heinousness of offence of rape that too after a criminal trespass inside the house in the night by applicant, likelihood of tampering with evidence in case of release on bail as well as likelihood of fleeing from course of justice, but without commenting on merits of the case, there appears to be no ground for bail.
Accordingly, this Bail Application stands rejected.
Order Date :- 29.7.2021 Ravi Prakash