Salman vs State Of U.P.
2019 Latest Caselaw 394 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8491 of 2019
 

 
Applicant :- Salman
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sanjay Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

This Criminal Misc. Bail Application has been moved on behalf of the applicant Salman who is involved in Case Crime No. 358 of 2018, under section 363, 376 IPC and 3/4 POCSO Act, P.S. Pallavpuram, District Meerut.

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

The submission of learned counsel for the applicant is that applicant is innocent and has falsely been implicated in the present case due to village party bandi. At the time of medical examination no mark of injury has been found on the person of victim. The FIR has been lodged after 24 hours of the alleged incident. The victim in her statements recorded under section 161 and 164 Cr.P.C. has not disclosed the name of applicant. There is no independent witness of the alleged occurrence. The applicant has no criminal history and is in jail since 5.10.2018.

Per contra; learned A.G.A. has opposed the prayer for bail and argued that at the time of alleged incident the victim was minor aged about 13 years. On 4.10.2018 at about 2.00 p.m. the victim had gone to Modipuram to purchase the domestic articles and when she was returning to her house by auto of applicant the applicant took the victim at the room of his friend where he committed rape upon the victim. The victim in her statements recorded under section 161 and 164 Cr.P.C. has supported the prosecution version. The applicant was apprehended by the public who was brought at police station where the victim has identified the applicant and has stated that applicant has committed rape upon her at the time of alleged incident. In medical report the hymen of victim has been found ruptured. The applicant has committed the alleged offence, therefore, he 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 is refused and the bail application of the applicant Salman is hereby rejected.

Order Date :- 1.3.2019

Masarrat