Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19383 of 2020 Applicant :- Mursellin Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Kumar Tyagi,Anil Kumar Jaiswal,Mohit Kumar Singh Counsel for Opposite Party :- G.A.,Syed Shahnawaz Shah
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Mursellin has prayed to release him on bail in Case Crime No. 563 of 2019, u/s 376, 323, 506 I.P.C., P.S. Kankerkhera, District Meerut.
Heard learned counsel for the applicant and learned counsel for the informant as well as learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 30.12.2019. Prosecutrix is a major lady. This implication is owing to family dispute and applicant got a case lodged in response for this, whereas no such occurrence ever occurred. Applicant is of criminal antecedent of five cases, which have been explained in second supplementary affidavit at Page No. 4, wherein, he is on bail in those four cases. But in Case Crime No. 740 of 2019, under Sections 307, 323, 504 IPC, P.S. T.P. Nagar, District Meerut, he had yet not applied for bail. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence, bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed with this contention that prosecutrix was subjected to rape by applicant, for which instant report on the same day was got lodged by informant. Prosecutrix, in her statement recorded under Section 161 as well as 164 of Cr.P.C., has categorically said about this offence of rape committed by applicant. Applicant is of criminal antecedents of five cases, wherein, four cases were of heinous nature including offence of rape and after registration of present case crime number, an attempt was made to get a threat for entering into compromise and developing hostility in present case, wherein husband of prosecutrix was severely injured and he remained under treatment, for which a Case Crime No.- 740 of 2019, under Sections 307, 323, 504 IPC, P.S. T.P. Nagar, District Meerut, was got registered. There is every likelihood of tampering with evidence or fleeing from the course of justice. Hence, bail be rejected.
Having heard learned counsel for both sides and gone thorough the material placed on record, it is apparent that instant report at an interval of three and half hours was got lodged by prosecutrix against applicant with specific accusation of commission of rape and giving assault. This was instantly recorded under Section 161 of Cr.P.C. and it is further corroborated in statement recorded before Judicial Magistrate under Section 164 of Cr.P.C. Applicant is of criminal antecedents including offence of rape. There is a subsequent FIR with regard to assault given with a view to get a threat for developing hostility in present case. Under all above facts and circumstances, heinousness of offence of rape, vulnerability of poor victim, likelihood of tampering of evidence, in case of release on bail as well as fleeing from course of justice, there is no case for bail.
Hence, rejected, accordingly.
Order Date :- 6.1.2021 Kamarjahan