Indal vs State Of U.P.
2015 Latest Caselaw 4374 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 3293 of 2015
 

 
Applicant :- Indal
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Onkar Nath Nishad
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Bachchoo Lal,J.

This bail application has been moved on behalf of the applicant Indal who is involved in Case Crime No. 397 of 2014, under sections 376, 506 IPC and 3/4 Protection of Children from Sexual Offences Act, P.S. Mohammadpur Khala, District Barabanki.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case due to enmity. It has further been submitted that the applicant has not committed the alleged offence. False allegation has been made against the applicant. The medical report does not corroborate the prosecution version.  There is no eye witness of the alleged incident. The applicant has no criminal history and is in jail since 10.12.2014.

Per contra; learned A.G.A. has opposed the prayer for bail and argued that in medical report the age of the victim has been shown about 15 years. At the time of the alleged incident the victim was minor. In her statement recorded under sections 161 and 164 Cr.P.C the victim has supported the prosecution version and has stated that the applicant  has committed the rape upon her. therefore, the applicant is not entitled for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I am not inclined to release the applicant on bail.

Consequently, the prayer for bail of the applicant Indal is hereby refused and the bail application is rejected.

Order Date :- 20.11.2015/A.