Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33286 of 2015 Applicant :- Salman Kuraisi Opposite Party :- State Of U.P.
Counsel for Applicant :- P. K. Singh,Manoj Kaumar Yadav,Rajiv Lochan Shukla,V. K. Srivastava Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sudhir Agarwal,J.
1. Learned AGA has not produced the initial medical examination report of victim. Hence, I proceed to hear the matter on the basis of material available on record.
2. Heard Sri Rajiv Lochan Shukla, learned counsel for applicant and learned A.G.A. for State.
3. The present bail application has been moved by accused- applicant for enlarging him on bail in Case Crime No. 265 of 2015, under Sections 376 Gha IPC and 3/4 Protection of Children from Sexual Offences Act, Police Station Gaura Badshahpur, District Jaunpur.
4. It is contended that statement of victim in respect to subsequent event after allegation of rape committed by applicant is inconsistent in FIR as well as in statement under Section 161 and 164 Cr.P.C. Applicant is in Jail since 3.3.2015. FIR is highly belated and in the medical examination report no internal injury has been found. Applicant is innocent and has been falsely implicated in the present case.
5. However, from the record, I find that so far as version of victim with respect to rape committed by applicant is concerned, that is almost consistent in all statement. Reasons for delay in lodging the FIR have also been explained.
6. Looking to entire facts and circumstances, at this stage, I do not find it a fit case for grant of bail.
7. Application is accordingly rejected.
Order Date :- 26.9.2019 Ravi Prakash