Moni @ Abad vs State Of U.P.
2015 Latest Caselaw 808 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19253 of 2015
 

 
Applicant :- Moni @ Abad
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ram Raj Pandey,Anil Kumar Jaiswal
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri  Ramraj Pandey, learned counsel for the applicant, Sri Ripusudan Yadav, learned AGA for the State and perused the record.

It has been submitted by learned counsel for the applicant that the prosecutrix is about 12 years of age. It is submitted that she was at the behest of Neta Jee, Abrar Ahmad named the applicant in the FIR along with his real brother. It is further stated that the applicant has been falsely implicate in the present case. The allegation levelled against the applicant is false one. He is in jail since 9.6.2014.

Learned AGA vehemently opposed the prayer for bail and submitted that as per the statement of victim recorded under Section 161 Cr.P.C that the prosecutrix was minor aged about 10 years and sexual intercourse has been done with her. There is specific allegation against the applicant of rape and spermatazoa was found on her private part.

Without expressing any opinion on the merits of the case and considering the submissions advanced, I find that no good ground is made out for enlarging the applicant on bail.

The bail application of the applicant Moni @ Abad, involved in Case Crime no. 403 of 2014, under Sections 323, 363, 376-D, 506 IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012, P.S.-Lisadi Gate, District Meerut is, accordingly, rejected.

Order Date :- 1.6.2015

Ashish Pd.