Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19008 of 2021 Applicant :- Hariom Yadav @ Golou Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
The is a second bail application of the applicant.
The first bail application of the applicant, being Crl. Misc. Bail Application No. 5550 of 2021 was rejected by this Court vide order dated 25.1.2021.
Heard learned counsel for the applicant and learned A.G.A.
Learned counsel for the applicant could not point out any new ground for releasing the applicant on bail. The applicant is brother-in-law of the victim whose husband has already expired and specific allegation of committing rape has been alleged against the applicant. Learned counsel for applicant has pointed out about some application given by father of the applicant to the Senior Superintendent of Police, Gorakhpur, however, no action has been taken on the said application and it appears that the said application has been given just to give colour to the whole incident.
Per contra, learned A.G.A. has vehemently opposed the prayer for bail and has drawn attention of the Court to the statement of the victim recorded under section 164 Cr.P.C. in which it has been categorically stated that the applicant forcibly entered in her room and committed rape upon her.
Having considered rival submissions made by learned counsel for parties and taking into consideration the gravity and seriousness of offence, I do not find it a fit case for bail.
The IInd Bail Application of the applicant is accordingly rejected.
Order Date :- 20.9.2021 R