Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11957 of 2021 Applicant :- Virendra Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Lalta Prasad,Prabhat Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, 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. He has not committed the present offence. Though applicant was arrested on the spot yet F.I.R. was lodged belatedly without any plausible explanation. If entire prosecution case is taken into consideration then also victim was a consenting party. At this juncture, learned counsel for the applicant referred to statements of the victim recorded under Sections 161 CrPC and 164 CrPC and further submitted that victim was sleeping in her room opening the door, this fact also shows that she was consenting party. When family member woke up, she resisted. The applicant has no criminal history. He is languishing in jail since 9.1.2021 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.
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., statements of victim recorded under Section 161 CrPC 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 rejected.
Order Date :- 30.7.2021 safi