Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18723 of 2021 Applicant :- Vikki Opposite Party :- State of U.P.
Counsel for Applicant :- Gyanendra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Present bail application has been filed by the applicant with the prayer to enlarge him on bail in case crime no. 74 of 2021, under Sections 363, 366, 376-D IPC, P.S. Madhuban, District Mau.
Heard Shri Gyanendra Prakash Srivastava, learned counsel for the applicant as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. No prima facie case is made out against the applicant. Applicant has not committed the present offence. F.I.R. was lodged on the basis of false facts due to election rivalry. No offence, as alleged in the F.I.R., ever took place. Victim has made statement under Sections 161 and 164 CrPC due to pressure of family members. Medical evidence does not support the oral version. At this juncture, learned counsel for the applicant referred to statement of the victim recorded under Sections 161 and 164 CrPC and further submitted that victim was aged about 18 years. The applicant has no criminal history. He is languishing in jail since 1.3.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail and submitted that in this matter initially F.I.R. was lodged by the father of the victim and when the victim - girl was recovered she categorically and clearly stated the entire facts regarding the incident said to have been happened against her. It is further submitted that victim has supported the prosecution case in her statement recorded under Sections 161 and 164 CrPC. Merely on this basis that victim was aged about 18 years, it cannot be presumed that offence of rape said to have been committed upon her was falsely disclosed in her statement recorded under Sections 161 and 164 CrPC. A prima facie case is made out.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victim recorded under Sections 161 and 164 CrPC and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application is liable to be rejected and the same is accordingly rejected.
Order Date :- 22.12.2021/safi