Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26029 of 2021 Applicant :- Vatan Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Tripathi I Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Rakesh Tripathi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 442 of 2020, under Sections 376 and 506 IPC, P.S. Hapur Dehat, District Hapur with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and has not committed the present offence. Applicant is a relative of the victim girl. There was money dispute between them, due to that reason present first information report has been lodged on the basis of false fact by the victim herself. Referring to the contents of first information report, statements of victim recorded under section 161 and 164 Cr.P.C., it was further argued that first information report was lodged in this matter on the basis of improbable and unbelievable story. If prosecution version is taken into consideration then also when other family members (jeth and jethani) were sleeping in the adjacent room, in that situation, applicant could not commit offence of rape upon victim, which is beyond imagination. Referring to the statement, it was further argued that the knife has neither been recovered in this matter nor victim has stated about the knife in her statement recorded under section 161 Cr.P.C. It is totally false case. Applicant is languishing in jail since 21.11.2020.
Learned A.G.A. has opposed the prayer for bail and argued that victim is major but offence of rape was committed upon her threatening the children of victim. A prima facie case is made out against the applicant.
Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of case including the statement of victim, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Vatan is hereby rejected.
Order Date :- 28.7.2021 Gss