Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37374 of 2021 Applicant :- Gautam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jawahir Yadav,Harendra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Despite, service of notice, none is present on behalf of the complainant.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The first information report was lodged by the complainant against the present accused, alleging therein that the present accused has committed rape with her minor daughter, aged about twelve years and threatened her not to disclose this fact to anybody. It was also alleged that the alleged victim was found to be pregnant of 6-7 months.
Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He next submits that alleged victim was major and she was in consensual relationship with the present accused and she used to sexual intercourse with him. He lastly submits that the applicant, who has no criminal antecedents to his credit and he is in jail since 24.4.2021, is entitled to be enlarged on bail.
Per contra learned A.G.A. has vehemently opposed the prayer for bail and submitted that the alleged victim was minor, aged about twelve years and the present accused has got her pregnant, which is evident from her medical report. The victim in her statement recorded under Sections 161 & 164 Cr.P.C. (Annexure Nos. 5 & 6) has fully supported the prosecution case, hence he is not entitled to be enlarged on bail.
After having heard the rival submissions advanced by learned counsel for the applicant and learned A.G.A. for the State and perused the material on record, this Court does not find it proper to release the applicant on bail.
The bail application is accordingly rejected.
Order Date :- 17.12.2021 Faridul