Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8596 of 2019 Applicant :- Sachin Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinay Kumar Singh Chandel Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No.1222 of 2018, under Sections 376(3), 323, 504, 506 IPC and Sections 3/4, 16/17 POCSO Act, Police Station- Vijay Nagar, District-Ghaziabad, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that F.I.R. dated is highly belated as the same has been lodged after two days of the incident. He further submits that there is material contradiction in the statement of the victim under Section 161 and 164 Cr.P.C. It has been next submitted that the injuries on the body of the victim are by her parents and not by applicant. The applicant is languishing in jail since 1.9.2018.
Learned A.G.A. opposed the bail prayer of the applicant and submitted that there are several injuries on the body of the victim and she is a minor girl. He has further stated that the victim has categorically stated in her statements about the rape committed by the applicant by threatening her.
Under these circumstances, keeping in view of the fact that the victim is a minor girl and the injuries found on the body of the victim, I do not find any good reason to grant indulgence to the applicant.
Thus, the bail application stands rejected.
Office is directed to transmit the copy of this order to the learned trial court for intimation.
Order Date :- 27.2.2019 LN Tripathi