Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46657 of 2017 Applicant :- Hariom And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Vivek Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Vivek Sharma, learned counsel for the applicants and learned A.G.A. for the State and perused the material placed on the record.
Applicants- Hariom and Prakash seek bail in Case Crime No.590 of 2017, under Section 376-D I.P.C., Police Station- Hasanpur, District- Amroha.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case by the first informant. The prosecution case of commission of rape is wholly false and fabricated, thus the applicants, who are in jail since 20.09.2017, may be enlarged on bail during trial.
Per contra, learned A.G.A. has vehemently opposed the prayer for the bail.
Having heard learned counsel for the applicant and learned A.G.A. for the State and perused the statement recorded under Section 161 Cr.P.C. of the victim in which she has levelled allegation of gang-rape against the applicants and co-accused and there is active participation of the applicants in the commission of ghastly crime and considering the overall facts and circumstances of the case, I do not find any ground to consider the prayer for bail of the applicants. 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