Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3213 of 2021 Applicant :- Maharam Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.,Aishwarya Pratap Singh
Hon'ble Om Prakash-VII,J.
Heard Shri Dharmendra Pratap Singh, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is further submitted that age of the victim was found as about 18 years in the bank passbook. Although she has disclosed her age in the F.I.R. as about 17 years. F.I.R. was lodged by the victim herself. She has changed her version in the statement under Section 164 Cr.P.C.. She has also levelled allegation against her mother who has been allowed on bail. It is further submitted that medical evidence does not support the oral version. F.I.R. was lodged on the basis of improbable and unbelievable story. At this juncture, learned counsel for the applicant referred to the site plan and further argued that incident as narrated in the F.I.R. could not be committed at the place of occurrence. It is further submitted that applicant was falsely implicated in this case. He is aged about 55 years and was working in the house of the informant. The applicant has no criminal history. He is languishing in jail since 20.07.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail and argued that victim herself has lodged the F.I.R.. Version of the victim is consistent from the very beginning up to the statement under Section 164 Cr.P.C.. A prima facie case is made out against the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application is rejected.
Order Date :- 29.7.2021//Sanjeet