Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49773 of 2020 Applicant :- Sanjay Opposite Party :- State of U.P.
Counsel for Applicant :- Vibhav Prakash Tripathi Counsel for Opposite Party :- G.A.,Manoj Kumar
Hon'ble Om Prakash-VII,J.
List revised. None appeared for the informant.
Heard Sri Vibhav Prakash Tripathi, learned counsel appearing for the applicant and learned A.G.A.
This bail application has been filed by the applicant to enlarge him on bail in case crime no. 146 of 2019, under Sections 452, 354Ga, 376, 506 IPC, Police Station Uruwa Bazar, district Gorakhpur.
Learned counsel for the applicant submits that the applicant is innocent and has not committed the present offence. It is further argued that offences levelled in the present matter are not attracted against the applicant. There is major contradiction in the FIR and the statement recorded under Section 161 and 164 Cr.P.C. on the material point. Victim returned at her home herself or she was taken by the police, there is also contradictory statement. Victim was a consenting party. Physical relation was established by the applicant with the victim with her consent. It is also argued that no prima facie case is made out. Prosecution case is also not supported by the medical evidence. No FIR has also been lodged against the applicant regarding death of Sanjay. There is no criminal history of the applicant. Present FIR was lodged with ulterior motive. Prosecution case is not supported with reliable evidence. Applicant is in jail since 16.09.2020 having no criminal history.
Learned A.G.A. argued that although victim is major and married lady but applicant has taken indecent photographs of the victim and pressurising her committed the present offence repeatedly. Contradictions occurred in the statement under Section 161 and 164 Cr.P.C. do not affect the main allegation levelled against the applicant. Thus, prayer was made to rejected the application.
Having considered the rival submissions, going through the entire record and also taking into consideration the contents of the FIR as well as contradiction in the statement of the victim recorded under Section 161 and 164 Cr.P.C. the court is of the opinion that applicant has not made out a case for bail.
Bail Application is hereby rejected.
Order Date :- 27.7.2021 Sachdeva