Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31631 of 2018 Applicant :- Sarfaraz Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Mohammad Belal, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant- Sarfaraz seeks bail in Case Crime No.167 of 2018, under Sections 376, 504, 506 I.P.C., 3/4 of POCSO Act and Section 67-A of I.T. Act, Police Station- Hapur Dehat, District- Hapur.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case by the first informant along with his real brother. The prosecution version of commission of rape by the applicant and his real brother is highly improbable and unbelievable. He further stated that no reliance can be placed on her statement recorded under Sections 161 and 164 Cr.P.C. Thus the applicant, who is in jail since 07.06.2018, may be enlarged on bail during trial.
Per contra, learned A.G.A. has vehemently opposed the prayer for the bail and submitted that as per the F.I.R. the victim is aged about 12 years and as per the medical report the victim is aged about 17 years. However, the victim has consistently stated about the alleged rape by the applicant and his real brother.
In the facts and circumstances of the case, I do not find any ground to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
Order Date :- 24.8.2018 Vikas/-