Amar Singh vs State Of U.P.
2016 Latest Caselaw 2246 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 13
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10427 of 2016
 

 
Applicant :- Amar Singh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Meraj Ahmad Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Abhai Kumar, J.

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

As per prosecution story, the F.I.R was lodged by Devendra Singh that his sister Pinki aged about 16 years was raped by applicant-accused Amar Singh. At the time of incident the accused was having pistol and from there some other ladies that were accompanying with the victim. The F.I.R was lodged next day and medical examination of the victim was done on 15.09.2015 at about 5:30 p.m. in the District Hospital, Moradabad. In the statement under Section 164 Cr.P.C,  it is stated by the victim that she was raped only by the applicant - accused and  that co-accused, Jitendra Singh was only standing and giving protection to the applicant - accused.

It is also contended by learned counsel for the applicant that in the medical examination no mark of injury was found on the part of victim. There may be some discrepancies in F.I.R, but in the statement under Section 164 Cr.P.C it is clear that applicant was responsible for rape, but the victim's age was found to be of about 18 years in the medical report (annexure no. 2), but that can not be said that victim was a consented party. There is hardly any evidence on record that shows any motive behind false implication of the applicant.

Seen the facts and circumstances of the case, I find that there is no good ground to release the applicant is made out.

The bail application is rejected.

Order Date :- 4.5.2016

Vinod.