Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33083 of 2021 Applicant :- Gadesh@ Ganesh Opposite Party :- State of U.P.
Counsel for Applicant :- Shiv Sharan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 234/2021, under Sections 306, 376 IPC, police station Harduaganj, District Aligarh with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. It was submitted that alleged incident of rape upon deceased has been shown of 08.06.2021 but after that no report was lodged by the first informant and that the FIR has been lodged after deceased has committed suicide on 10.06.2021. Learned counsel has referred statements of some independent witnesses, who have inter-alia stated that there was relationship between applicant and deceased and they wanted to marry with each other and thus, it is contended that the allegation of rape is false and baseless. It was submitted that in postmortem report, no external or internal injury has been shown on the body of deceased, which falsifies the version of prosecution regarding rape upon the deceased. Learned counsel has submitted that there is no evidence against the applicant and that he has been falsely implicated in this case. It has further been argued that the applicant is in judicial custody since 14.06.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and argued that applicant is named in FIR and that the first informant as well as other witnesses have stated that applicant has committed rape upon the deceased on 08.06.2021 and due to which, deceased has committed suicide on 10.06.2021.
Perusal of record shows that first informant and mother of deceased have clearly stated that on 08.06.2021 while the deceased has gone to collect fodder, applicant has committed rape upon her and after that incident she was under depression and on the next day when inquired, she has told about the incident of rape and thereafter on the next day, she committed suicide. Statement of one Parvin Kumar has also been recorded, who has inter-alia stated that on 08.06.2021 while deceased has gone to collect fodder, applicant has forcibly dragged and committed rape upon her. He has also stated that applicant has instigated the deceased to commit suicide. Even the alleged independent witnesses have stated that on 08.06.2021, applicant has committed rape upon victim. The age of victim/deceased is stated about 17-18 years.
After considering submissions of learned counsel for the parties, looking into the seriousness of the allegations, gravity of the offence, severity of punishment and considering all attending facts and circumstances of the case, no case for grant of bail is made out.
Accordingly, the instant bail application filed on behalf of applicant Gadesh @ Ganesh is rejected.
Order Date :- 24.9.2021 Anand