Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34871 of 2018 Applicant :- Pradum Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Pradeep Kumar Tiwari, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant- Pradum Singh seeks bail in Case Crime No.41 of 2018 (S.S.T. No. 67 of 2018), under Sections 376, 452, 506 I.P.C. and Section 4 of POCSO Act, Police Station- Sajeti, District- Kanpur Nagar.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case by the first informant. He next submitted that no such incident as alleged by the first informant in the F.I.R. has taken place and the entire case has been concocted by the informant. Therefore, the applicant, who is in jail since 26.02.2018, may be enlarged on bail during trial.
Per contra, learned A.G.A. has vehemently opposed the prayer for the bail and submitted that the victim is aged about 16 years. In her statement recorded under Section 164 Cr.P.C., the prosecutrix has stated that the applicant raped her on knife point. The FIR of the alleged incident was lodged promptly on the very next day of the incident. In the medical report of the victim, bite marks on her face, her hymen was found torn and reddish which support the prosecution version of rape.
In the facts and circumstances of the case, especially, the medical report and the statement of the victim recorded under Section 164 Cr.P.C., I do not find any ground to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
Order Date :- 17.9.2018 Vikas/-