Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8606 of 2019 Applicant :- Sushil Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- B.N.Singh,Manish Kumar Singh,Santosh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No.151 of 2017, under Sections 376D, 307, 506 IPC and 5(G) 5(M)/6 POCSO Act, Police Station-Kuthond, District-Jalaun, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case due to inimical terms between the families. It is next submitted that the F.I.R. dated 31.5.2017 was lodged by the father of the victim against the applicant and other co-accused for the alleged incident said to have been taken place on 30.5.2017. He further submits that the victim, who is an illiterate girl of 7 years has been produced before the Magistrate after 43 days of the incident for recording her statement under Section 164 Cr.P.C. It is further submitted that the victim in her statement under Section 161 Cr.P.C. has not stated anything about committing rape by the applicant. The applicant is languishing in jail since 1.6.2017.
Learned A.G.A. opposed the prayer for bail of the applicant and submitted that there are signs of struggle on the body of the victim and she was only 6 and 1/2 years old at the time of incident.
Under these circumstances, keeping in view the nature of injuries found on the body of the victim and the fact that the victim is only about 6 and 1/2 years old, I do not find any good reason to grant indulgence to the applicant.
Thus, the bail application stands rejected.
Office is directed to transmit the copy of this order to the learned trial court for intimation and necessary compliance.
Order Date :- 27.2.2019 LN Tripathi