Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33018 of 2018 Applicant :- Kamaruddin Opposite Party :- State Of U.P.
Counsel for Applicant :- Shakeel Ahmad Azmi Counsel for Opposite Party :- G.A.,Om Prakash Singh
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant, Sri Om Prakash Singh, learned counsel for the complainant and learned A. G. A. for the State.
The present bail application has been filed by the applicant in Case Crime No. 98 of 2018, under Sections 363, 366, 376, 506 IPC and section 3/4 POCSO Act, Police Station Gambheerpur, District Azamgarh with the prayer to enlarge the applicant on bail.
I have perused the FIR as well as the order by means of which the bail application has been rejected by the court below.
I have also perused the statement of the girl recorded under section 164 Cr.P.C. which shows that there is specific allegation against the applicant.
Perusal of the record also shows that no medical examination has been done with regard to age verification of the girl and as per the high school certificate the date of birth of the girl is 10.7.2002 and thus the girl is a minor.
After hearing the learned counsel for the applicant, learned A.G.A., perusing the averments as contained in the present bail application and looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment, no case for grant of any indulgence is made out.
Accordingly, the application for bail is rejected at this stage.
Order Date :- 31.8.2018 Kuldeep