Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34873 of 2018 Applicant :- Imran Ahmad Opposite Party :- State Of U.P.
Counsel for Applicant :- Babu Lal Ram,Virendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Babu Lal Ram & Sri Virendra Kumar, learned counsels for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant- Imran Ahmad seeks bail in Case Crime No.104 of 2018, under Sections 376 (ii) N, 506 I.P.C., Police Station- Adampur, District- Varanasi.
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 applicant, who is in jail since 21.06.2018, 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, the learned A.G.A. and considering the statement of the victim recorded under Section 164 Cr.P.C. that the applicant had raped her and had also prepared her obscene video clipping and when the victim refused for establishing physical relations with him and his friend the applicant made the same viral. During investigation, the mobile and the facebook record was obtained in which the naked photographs of the victim have been collected. In this behalf recovery memo has also been prepared by the IO on 21.06.2018.
In the facts and circumstances of the case, I do not find any ground to consider the prayer for bail of the applicant. 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 :- 17.9.2018 Vikas/-