Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35786 of 2015 Applicant :- Rohit @ Bichale Opposite Party :- State Of U.P.
Counsel for Applicant :- Vindhyachal Singh,Kamlesh Kumar Tripathi Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sudhir Agarwal,J.
1. Rejoinder affidavit filed today is taken on record.
2. Heard Sri Kamlesh Kumar Tripathi, learned counsel for applicant and learned A.G.A. for State.
2. The present bail application has been moved by accused- applicant for enlarging him on bail in Case Crime No. 94 of 2015, under Sections 363, 366, 376, 506 IPC and Section 4 Protection of Children From Sexual Offences Act, Police Station Mangalpur, District Kanpur Dehat.
3. It is stated that applicant is innocent and has falsely been implicated in the present case. He is in jail since 13.2.2015. There is a variation in the statement of prosecutrix recorded under Section 161 and 164 Cr.P.C and no injury has been found on her person.
4. So far as version of the rape is concerned, the statement of victim is consistent and she has made statement that applicant has committed rape upon her. As per educational institution document and medical report, victim is minor.
5. Looking to entire facts and circumstances, at this stage, I do not find it a fit case for grant of bail.
6. Application is accordingly rejected.
Order Date :- 26.9.2019 Ravi Prakash