Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47652 of 2021 Applicant :- Jahid Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Vikram Yadav,Jetendra Kumar Pandey Counsel for Opposite Party :- G.A.,Santosh Kumar Yadav
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned AGA for the State and perused the record.
Facts in brief are that on 18.07.2021 at about 12:30 pm, daughter of informant aged about 10 years was going to take an Ice from the Fridge of Babbey, who lived nearby. On her way co-accused Soni called the victim into the house where the applicant along with co-accused Adil and Soni committed rape with her. On hearing the voice of victim, her mother made a hue and cry on which people of the Mohalla opened the door, where all the three accused persons were present and there was bleeding from the private part of the victim. On the same day FIR was lodged and victim was medically examined in which signs of recent brutal sexual assault were found.
It is submitted that the applicant is innocent and has been falsely implicated in this case. He has committed no offence and on account of dispute between family of the victim and the applicant, he has been implicated in the case. There was no motive or intention of the applicant to commit such crime and no any independent witness of the incident have seen the occurrence. Statements of victim as well as other witnesses u/s 161 and 164 Cr.P.C. are contradictory. These are not reliable. Applicant is in jail and in case he is released on bail he will not misuse the liberty of bail.
Learned counsel for the complainant as well as learned AGA for the State opposed the prayer for bail and urged that rape was committed with her by the applicant along with two other co- accused persons. On the same day FIR was lodged and medical examination was done in which injuries were found on the person of the victim which indicates that rape was committed with her. Therefore, the applicant is not entitled for bail.
Considering facts and circumstances of the case, submissions made by the learned counsel for the parties, nature of the offence, complicity of the accused, tender age of the victim and without expressing any opinion on the merits of the case, the Court is of the view that it is not a fit case for bail. Hence, the bail application of the applicant Jahid involved in case crime no. 480/2021 u/s 376 (Gha)(Kha), 342 IPC and Section 5 GM/6 POCSO Act, P.S- Etmaddula, District- Agra. is hereby rejected.
Order Date:- 21.12.2021 Neetu