Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19206 of 2021 Applicant :- Manoj Kumar Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Raj Karan Yadav Counsel for Opposite Party :- G.A.,Rajesh Kumar Singh
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Manoj Kumar Yadav in Case Crime No. 251 of 2020, under Sections 376, 323, 504, 506 IPC, Police Station-Bisanda, District-Banda.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 18.12.2020; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; it is a false implication; there is no medical support of rape; prosecutrix is major; there are variation in the statements recorded under Sections 161 as well as 164 Cr.P.C. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent.
Even after sufficient service of notice none appeared on behalf of the informant to oppose this bail application.
Having heard and gone through materials placed on record, it is apparent that occurrence took place at 3.00 pm on 16.12.2020 and instantly report was lodged on the same day at 21.14 PM for offence punishable under Sections 376, 506 IPC by father of the prosecutrix, who has narrated that it was the prosecutrix, who telephonically informed about this offence; then after this report was got lodged at above police station, which is about 09 km. away from home of the informant; instantly she was medically examined and before Medical Officer too there is reiteration of rape by the applicant; same contention is in the statements under Sections 161 and 164 Cr.P.C.; there is accusation of this offence against the applicant, who happens to be younger brother of husband of prosecutrix.
Looking to the heinousness of offence of rape, that too by a close family member i.e. younger brother of husband of prosecutrix; likelihood of tampering with evidence in case of release on bail as well as likelihood of fleeing from course of justice, but without commenting on merits of the case, there appears to be no ground for bail.
Accordingly, this Bail Application stands rejected. Order Date :- 29.7.2021 Dhirendra/