Akash Kumar vs State Of U.P.
2018 Latest Caselaw 2441 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 52
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33496 of 2018
 

 
Applicant :- Akash Kumar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Dilip Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajul Bhargava,J.

Heard Sri Dilip Kumar Singh, learned counsel for the applicant, 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.132 of 2018, under Section 376 IPC and 3/4 POCSO Act, Police Station Thakurdwara, District Moradabad, with the prayer to enlarge him on bail.

Learned counsel for the applicant submits that as per medical report the victim is aged about 16-17 years. It is further submitted that the applicant is wholly innocent and has been falsely implicated in this case. The medical report does not support the factum of rape.

Per contra, learned AGA vehemently opposed the bail and submitted that as per school record, the victim is aged about 15 years. The external injury has also been noted in the medical report of the victim and she has fully corroborated the version of rape in her statement under Section 164 Cr.P.C.

Considering the overall facts and circumstances of the case and especially the age of the prosecutrix, I do not find it to be a fit case for grant of bail to the applicant.

The bail application is accordingly rejected at this stage.

Order Date :- 10.9.2018

Hasnain