Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4984 of 2021 Applicant :- Nitin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar Tripathi Counsel for Opposite Party :- G.A.,Kamal Kishor Mishra
Hon'ble Om Prakash-VII,J.
Present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 523 of 2019, under Sections 363, 376-D, 323, 504 IPC and Section 3/4 POCSO Act, P.S. Kithore, District Meerut.
Heard Shri Manish Kumar Tripathi, learned counsel for the applicant, Shri Kamal Kishor Mishra, learned counsel for informant as well as the 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. The First Information Report was lodged on the basis of false fact. In fact, no such incident took place as mentioned in the FIR. Referring to the statement of the victim recorded under Sections 161 and 164 Cr.P.C., it is further argued that it appears improbable and unbelievable that the victim had been taken away by the applicant but she did not lodge any complaint. Victim stayed with the applicant for about one month but no complaint was made by her during that period. Referring to the statement of the victim recorded under Sections 161 and 164 Cr.P.C., it is further argued that no prima facie case is made out against the applicant. The applicant is languishing in jail since 18.9.2019.
Learned A.G.A. as well as learned counsel for the informant argued that a prima facie case is made out. The victim has supported the prosecution story in her statement recorded under Sections 161 and 164 Cr.P.C. Victim was minor at the time of offence. She was forcibly kept by the applicant and other co- accused in their custody and offence of rape was committed upon her. The medical evidence also supports the oral version.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victim recorded under Sections 161 and 164 CrPC 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 liable to be rejected and the same is accordingly rejected.
Order Date :- 27.10.2021 Shafique