Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47071 of 2018 Applicant :- Mithilesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Prakash Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of applicant Mithilesh in connection with Case Crime No. 145 of 2017 under Sections 376 IPC and Section 3/4 POCSO ACT, P.S. Bansgaon, District Gorakhpur.
Heard Sri Prakash Chandra Srivastava, learned counsel for the applicant and Sri J.B. Singh, learned AGA along with Sri Ashutosh Diljan, learned counsel appearing on behalf of the State.
The submission of learned counsel for the applicant is that he has been falsely implicated. On a perusal of the first information report and the statement of the father of the prosecutrix together with the medico legal report, it is apparent that it is a case of rape with a child of eight months.
Learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the fact that the victim is a child of eight months, but without expressing any opinion on merits, this Court does not find it to be a fit case for bail.
Accordingly, the bail application stands rejected.
Order Date :- 21.12.2018 Deepak