Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41897 of 2021 Applicant :- Muntiyaz Opposite Party :- State of U.P.
Counsel for Applicant :- Shivajee Singh Sisodiya Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application, moved by the accused-applicant- Muntiyaz, in Case Crime No. 182 of 2021, under Sections-376 and 506 I.P.C. Police Station- Faridpur, District-Bareilly.
Learned counsel for accused-applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number being husband of the deceased; he is languishing in jail since 23.04.2021; the alleged offence of rape was said to be committed by the applicant without any alarm, whereas, previous acquaintance was there; husband went outside and this story was said to have been made; a further development is there in the statement under Section 164 of Cr.P.C., of the prosecutrix, by disclosing another name to be present out side the house; it is a false implication with no medical support; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of his release on bail; hence bail has been prayed for.
Learned A.G.A. has vehemently opposed the bail application.
Having heard learned counsel for both sides and gone through materials placed on record, it is apparent that offence of rape was committed in that very night of 20/21.04.2021 at 22 p.m. and in that very night itself, report was got lodged at police station at 3.34 a.m. i.e. an instant report; applicant is named in it; accusation of rape against him is there; informant is husband of the prosecutrix, who was said to be out of house at the time of this occurrence and when he came back, instantly, the matter was reported in the police Station concerned in that very night; prosecutrix in her statement under Sections 161 as well as 164 Cr.P.C. and before medical officer is fuly intact; she has said the offence of rape committed by the applicant; admittedly, applicant is previously acquainted with the prosecutrix and informant.
Considering the heinousness of offence of rape, 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 merit of the case, there appears to be no ground for bail.
Accordingly, this Bail Application stands rejected.
Order Date :- 22.12.2021 Deepak/