Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28045 of 2018 Applicant :- Wasim Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ashok Kumar Singh Bais, learned counsel for the applicant, Sri Avanish Pratap Singh & Sri Udaibhan Singh has field their Vakalatnama jointly on behalf of informant, 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.109 of 2018, under Sections 376, 120B IPC and 3/4/17 of POCSO Act, Police Station Sarsawa, District Saharanpur, with the prayer to release him on bail.
Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in this case on account of enmity with her aunt, co-accused Parveen. The prosecution version of rape is not supported by medical evidence and in fact, the prosecutrix is major. Per contra, learned AGA and the counsel for the informant vehemently opposed the bail and submitted that the prosecutrix is aged about 14 years and she has specifically stated about being sexually assaulted by the applicant and co-accused number of times. In view of the statement of the prosecutrix, the applicant and co-accused had committed rape, therefore, the applicant is not entitled to be released on bail.
Having heard learned counsel for the parties, considering the age of the prosecutrix and the consistent prosecution version of gang rape by the applicant and co-accused, I do not find it to be a fit case for grant of bail to the applicant.
Accordingly, the bail application is rejected.
Order Date :- 27.7.2018 Hasnain