Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26284 of 2019 Applicant :- Rinku Opposite Party :- State of U.P.
Counsel for Applicant :- Laxmi Kant Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned Counsel for the applicant and learned A.G.A.
The instant bail application has been filed by the applicant seeking bail in Case Crime No.771 of 2018, under Sections 307, 326-A, 395, 120-B, 504 IPC, Police Station Partapur, District Meerut.
Learned Counsel for the applicant has submitted that the applicant has falsely been implicated in this case. He has not committed any offence as alleged in the FIR. He further submits that the medical examination report does not corroborate the version of FIR and the statements of the victim recorded under Section 161 of Cr.P.C. The applicant is languishing in jail since 23.11.2018. The charge-sheet has been filed on 05.12.2018. The applicant has no previous criminal antecedents.
Learned Counsel for the applicant has further submitted that since there is no injury of acid as alleged in the FIR and there is no previous criminal history, the applicant is entitled for bail.
Learned A.G.A. while vehemently opposing the bail application has submitted that the allegations levelled against the applicant is very serious in nature. The victim has specifically stated in her statement recorded under Section 161 of Cr.P.C. that the applicant has committed the offence as alleged in the FIR.
I have considered the submissions of learned Counsel for the applicant and perused the record.
The victim in her statement recorded under Section 161 of Cr.P.C. has specifically stated that the acid was thrown by five persons including the applicant. The victim has disclosed the name of the applicant in her statement. The independent witness, namely, Jagveer in his statement recorded under Section 161 of Cr.P.C. has supported the prosecution version. According to the injury report, there are burn injuries on the person of the victim.
So far as the argument of learned Counsel for the applicant that the medical evidence and the prosecution version do not corroborate each other is concerned, it is the matter of trial. In the bail application, the Court has to see whether prima facie case is made out against the applicant or not. In the instant case, there is specific allegation in the statement of the victim against the applicant, therefore, it cannot be said that prima facie case is not made out against the applicant.
For the reasons stated above, I do not find it to be a fit case for bail. Accordingly, the bail application is rejected.
Order Date :- 26.11.2019 akverma