Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2021 of 2019 Applicant :- Jitendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Singh,Indrakesh Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard S.K. Singh, learned counsel for the applicant and Sri P.S. Jadon, learned AGA for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Crime No. 586 of 2018, under Sections 376, 323, 504 & 506 of IPC read with Section 3/4 of Protection of Children from Sexual Offences Act, P.S. Khalilabad, District Sant Kabir Nagar.
As per prosecution case, on 21.6.2018, FIR was lodged by the prosecutrix alleging in it that on the previous night, accused took her along with him and committed forcible sexual intercourse. She has further alleged that her clothes were torn by the accused, somehow she reached to the village where clothes were offered to her by the villagers and then the report has been lodged.
Counsel for the applicant submits:
(i) that a very improbable story has been put forth by the prosecution.
(ii) that on account of previous enmity, the applicant has been falsely implicated.
(iii) that mother of the applicant has also made a complaint to the police but nothing has been done.
Opposing this submission, it has been argued by the State counsel that the prosecutrix is a minor girl and apart from FIR, in 161 and 164 Cr.P.C. statements, she has categorically stated that she was subjected to rape by the applicant.
Considering the facts and circumstances of the case, I am not inclined to release the applicant on bail. His bail application is, accordingly, dismissed.
Order Date :- 21.8.2019 RK