Court No. - 71
Case :- CRIMINAL APPEAL No. - 3087 of 2019 Appellant :- Sanjiv Respondent :- State Of U.P.
Counsel for Appellant :- Sushil Kumar Sharma Counsel for Respondent :- G.A.,Rakesh Kumar Verma
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the appellant, learned A.G.A. for the State, Sri Rakesh Kumar Verma, learned counsel for opposite party no. 2 and perused the record.
The present criminal appeal has been filed U/s 14(A)(2) of S.C./S.T. Act against the order dated 05.02.2019, passed by 2nd Additional District & Sessions Judge/Spl. Judge (SC/ST) (P.A.) Act, Moradabad, by which the bail application of the applicant in Criminal Misc. Bail Application No. 335 of 2019, (State vs. Sanjiv), arising out of Case Crime No. 522 of 2018, under Sections 376 IPC and Section 3 (2) (V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, P.S. Bilari, District Moradabad, has been rejected vide order dated 05.02.2019.
Learned counsel for the accused-appellant has submitted that appellant is wholly innocent and has been falsely implicated in the present case. He has next submitted that there are contradiction in the statements of the victim recorded under Sections 161 and 164 Cr.P.C. and the applicant is in jail since 22.12.2018, as such he may be released on bail.
Per contra, learned A.G.A. as well as learned counsel for opposite party no. 2 has opposed the prayer for bail and drawn the attention of the Court towards the statement of the victim recorded under Section 164 Cr.P.C., in which, she has categorically stated that she is illiterate and on 21.12.2018 at about 8.00 a.m., the applicant had dragged her in the sugarcane field and committed rape upon her by putting country made pistol on her chest. Thereafter, on alarm being raised by her no one came to her rescue. The applicant also threatened that in case if she discloses anyone about the present incident she and her father would be done to death. Specific allegation of committing rape has also been reiterated even in the statement of the victim recorded under Section 161 Cr.P.C.
Keeping in view the gravity of offence and specific allegations made against the applicant, I do not find it is a fit case for bail.
The present criminal appeal lacks merit and is accordingly dismissed.
Order Date :- 26.8.2019 v.k.updh.