Court No. - 42
Case :- CRIMINAL APPEAL No. - 877 of 2018 Appellant :- Prem Singh Respondent :- State Of U.P.
Counsel for Appellant :- Rajeev Kumar Singh Parmar Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant and learned A.G.A. for the State and perused the material brought on record.
While pressing the bail application of appellant-Prem Singh, learned counsel for the appellant has contended that in this case, the incident took place on 27.12.2012, whereas, the first information report was lodged on 29.12.2012 belatedly by two days. This FIR was lodged only after the recovery of the victim. In the medical examination, the age of the victim has been assessed to be 17 years. If 2 years margin added, the victim becomes major. He further claimed that the appellant is innocent and he was not involved in commission of the offence and he is in jail since 29.12.2012.
Learned A.G.A. has vehemently opposed the prayer for bail and has submitted that the prosecutrix has categorically stated that she was forcibly raped by the accused-appellant at gun point and rape was committed on her. That testimony is flawless. Merely because the FIR was lodged after two days that doesn't create any specific ground for bail at this juncture.
Considering the rival submissions and also various aspects of the case, I do not find it a fit case for bail.
The prayer for bail is rejected.
In this case lower court record is available.
Let the case be listed for final hearing on 5th September, 2018.
Order Date :- 21.8.2018 S Rawat