Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17852 of 2021 Applicant :- Yaqub Opposite Party :- State of U.P.
Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.,Chandra Shekhar Kushwaha
Hon'ble Om Prakash-VII,J.
Criminal Misc. Exemption Application is allowed.
Present bail application has been filed by the applicant with the prayer to enlarge him on bail in case crime no. 15 of 2021, under Section 376 IPC, P.S. Chajllet, District Moradabad.
Heard Shri Irshad Ahmad, learned counsel for the applicant, Shri Chandra Shekhar Kushwaha, learned counsel for informant 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.
F.I.R. was lodged on the basis of improbable and unbelievable facts. It is also submitted that F.I.R. was lodged in this matter only to save the skin from the consequences of the prosecution started on behalf of applicant's side. It is further argued that no such incident, as alleged, ever took place. It is also improbable and unbelievable that brother of the victim was sitting out side the house and victim was sent inside the house. Medical evidence does not support the oral version. Victim was major. The applicant has no criminal history. He is languishing in jail since 12.1.2021 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 counsel for informant as well as the learned AGA opposed the prayer for bail and submitted that victim returned after the incident to her house and stated all the facts to her parents and thereafter F.I.R. was lodged. She has categorically supported the prosecution case in her statement recorded under Sections 161 and 164 CrPC. Offence of rape was committed by the applicant upon her in his house on the pretext of obtaining signature. 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.
However, trial court is directed to decide the trial of the matter expeditiously, preferably fixing short dates.
Order Date :- 28.10.2021 safi