Bahadur Pal v. State of U.P.

Court No. - 54

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10344 of 2018

Applicant :- Bahadur Pal Opposite Party :- State Of U.P. Counsel for Applicant :- Nand Kishor Mishra Counsel for Opposite Party :- G.A.

Hon'ble Rahul Chaturvedi,J.

Sri Sanjeev Khare, Advocate has filed his vakalatnama on behalf of the complainant today, is taken on record.

Supplementary affidavit filed on behalf of the applicant today, is taken on record.

Heard learned counsel for the applicant, learned AGA and perused the record.

By means of this application, the applicant who is involved in case crime no. 368 of 2017, under Sections 363, 366, 376 IPC and 4 POCSO Act, P.S. Shrinagar, District- Mahoba is seeking enlargement on bail during the trial.

Learned counsel for the applicant in support of his application for bail submits that the applicant is innocent. He has been falsely implicated. It is further submitted that the age of the prosecutrix is 17 years. She remain six days in the company of the applicant and both of them went away to Mathura for visit. Thereafter, made physical relationship with her consent. It is further submitted that after coming back from Mathura, she lodged an FIR of rape against the accused applicant. The totality of conduct shows that she herself has actively participated. It is next submitted that the applicant is in jail since 28.12.2017 having no criminal antecedents except the present one.