Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9798 of 2017 Applicant :- Raju Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar VI Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Pradeep Kumar VI, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant-Raju seeks bail in Case Crime No.420 of 2016, under Sections 323, 506, 376 I.P.C. and 3/4 and 5M/6 of POCSO Act, Police Station Brijmanganj, District Maharajganj.
It has been argued by the learned counsel for the applicant that the prosecutrix has not supported the prosecution case before the trial court. Thus the applicant, who is in jail since 15.10.2016, may be enlarged on bail during trial.
Per contra, learned A.G.A. has vehemently opposed the prayer for the bail..
Considering the fact that the prosecutrix is aged about eight years and injuries have been noted on her private parts and in the F.I.R. and the statement recorded under Section 164 Cr.P.C. the prosecutrix has made allegations against the applicant of raping her. In the facts and circumstances of the case, 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 :- 30.4.2018 MN/-