Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30039 of 2020 Applicant :- Omi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Yadav Counsel for Opposite Party :- G.A.,Vivek Kumar Mishra
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Omi has prayed to release him on bail in Case Crime No. 131 of 2020 u/s 376-AB, 511 I.P.C. and Section 5-M/6/18 of the Protection of Children from Sexual Offences Act, Police Station Azim Nagar, District Rampur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Applicant is in jail since 20.5.2020 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. There is variation in the statement recorded under Sections 161 and 164 Cr.P.C. Eye witnesses account informant has said about some stain over the cloth whereas no stain or alive of dead spermatozoa was found in the medical report. The accusation was false owning to some dispute with regard to price of vegetables taken by the informant. Hence bail has been prayed for during trial.
Learned counsel for the informant as well as learned AGA has vehemently opposed the bail application.
Having heard the learned counsel for both the parties and gone through the material placed on record, it is apparent that first information report of Case Crime No. 131 of 2020 was got registered on 19.5.2020 at 18:30 PM for the occurrence occurred on the same day at 14:30 PM i.e. instant report against Omi is there. Prosecutrix is a minor girl of six years. Omi was previously acquainted. The accusation of rape was there. Prosecutrix in her statement under Sections 161 & 164 Cr.P.C. has categorically said about the offence of sexual assault with her by the applicant. She is of six years of age.
Considering all those facts and circumstances of the case, heinousness of offence and likelihood of tempering with the evidence in case of release on bail, but without commenting upon the merits of the case, no case for bail is made out.
Hence, this bail application is according rejected.
Order Date :- 6.1.2021 Ravi Prakash