Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48520 of 2021 Applicant :- Jeeshan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Shukla Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
This first bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 10 of 2021, registered under Sections 363, 370, 372, 376D, 323, 504, 506 I.P.C. & Section 5Chha/6 of Protection of Children from Sexual Offences Act, 2012, Police Station- Baheri, District Bareilly, during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. No case is made out against the applicant as well as there is no allegation of rape against the applicant. There is no independent witness to support the prosecution case. He further contended that the co-accused have been granted bail, hence, the applicant may also be released on bail on the same footing. The applicant is languishing in jail since 28.01.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Per contra, learned A.G.A. vehemently opposed the bail prayer of the applicant and submits that from the statement of the victim recorded under Sections 161 & 164 Cr.P.C., there is an allegation of rape against the applicant.
Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties and looking to seriousness and gravity of offence, evidence, complicity of the accused, I do not find it is a fit case for bail to the applicant.
Accordingly, the bail application of the applicant- Jeeshan involved in Case Crime No. 10 of 2021, registered under Sections 363, 370, 372, 376D, 323, 504, 506 I.P.C. & Section 5Chha/6 of Protection of Children from Sexual Offences Act, 2012, Police Station- Baheri, District Bareilly, is hereby rejected at this stage.
Order Date :- 17.12.2021/Sachin/-