Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3873 of 2019 Applicant :- Saif Ali Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinod Kumar Ojha,Sitaram Patel Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
By way of the instant application, the applicant seeks bail in Case Crime No.599 of 2018 under Sections 363, 366, 376, 120B I.P.C. and 3/4 Protection of Children from Sexual Offences Act, Police Station Tappal, District Aligarh.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. No offence has been committed by the applicant. There is no credible evidence appearing against the applicant to connect him with the alleged offence. There is no possibility of absconding or misusing the liberty of bail in case the applicant is admitted to bail The applicant does not bear any criminal history and is languishing in jail since 03.09.2018.
Per contra, learned A.G.A. has submitted that as per academic / educational documents, age of the victim is below 18 years on the date of the occurrence. In her statement, the victim has categorically stated about she being raped by the applicant after she was entice away by him.
Considered the rival submissions. The gravity of the offence cannot be minimized by fact that another co- accused Jishan has been let off during the investigation. No good ground is made out for bail.
Accordingly, the instant bail application is rejected, at this stage.
It is made clear that observation made in this order shall not be construed to have any reflection on merit of the case.
Order Date :- 29.1.2019 rkg