Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49553 of 2020 Applicant :- Shiv Shankar Alias Chhotu Opposite Party :- State of U.P.
Counsel for Applicant :- Shailesh Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Shailesh Kumar Yadav, learned counsel appearing for the applicant and learned A.G.A.
Exemption application is allowed.
This bail application has been filed by the applicant to enlarge him on bail in case crime no. 440 of 2020, under Sections 376, 506 IPC, Police Station Bhognipur, district Kanpur Dehat.
Submission of the learned counsel appearing for the applicant is that applicant is innocent and has not committed the present offence. It is further argued that no prima facie case is made out against the applicant. In fact informant and the applicant both are labour. Informant was in need of money. Applicant had paid some amount to the informant during lock down period and informant had assured to return the same within three months. He did not return the same. When he was requested to return the same present FIR was lodged on the basis of false facts against the applicant only to save himself from returning the aforesaid amount. It is also argued that prosecution case is not supported with independent evidence. Even medical evidence also does not support the oral version. At this juncture, learned counsel appearing for the applicant referred to the statement of the victim recorded under Section 161 and 164 Cr.P.C. and further argued that victim is a major lady. No symptom of committing rape was found upon her body. It is further argued that the applicant is in jail since 07.09.2020 having no criminal history.
Learned A.G.A. argued that victim has supported the prosecution case in the statement under Section 161 and 164 Cr.P.C. A prima facie case is made out against the applicant. FIR was lodged on the day of incident.
Having considered the rival submissions, going through the entire record and also taking into consideration the contents of the FIR as well as statement of the victim recorded under Section 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 :- 6.10.2021 Sachdeva Digitally signed by OM PRAKASH Date: 2021.10.06 13:18:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad