Javed v. State of U.P.

Court No. - 52

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25715 of 2018

Applicant :- Javed Opposite Party :- State Of U.P. Counsel for Applicant :- Amir Khan,Rama Shankar Mishra Counsel for Opposite Party :- G.A.,Anand Vikram Singh,Sunil Kumar,Syed Shahnawaz Shah

Hon'ble Rajul Bhargava,J.

Heard Sri Amir Khan and Sri Rama Shankar Mishra, learned counsels for the applicant and Sri Sunil Kumar, learned counsel for the informant as well as the learned A.G.A. for the State and perused the record.

The present bail application has been filed by the applicant- Javed in Case Crime No. 74 of 2018, under Sections 376-D, 452, 506 I.P.C. and Section 5(G)/6 Prevention of Children from Sexual Offence Act, Police Station- Agauta, District- Bulandshahar with the prayer to enlarge him on bail.

It is contended by learned counsel for the applicant that the version set-up in the first information report registered on 26.03.2018 at about 2.27 P.M. that his sister (victim) aged about 17 years had gone to meet his sister in village Kalchhina, District Ghaziabad about seven days' back. On 23.03.2018 at about 9 A.M., applicant reached there and remonstrated her as to how she dared to come to her sister's place and he also assaulted her. It was objected by her sister and her husband and with the help of villagers he was turned out of the house. Thereafter, the prosecutrix is stated to have disclosed to her brother that for the past one year the applicant and his friend Jahid used to enter the house and on Katta point applicant used to rape her and co-accused Jahid used to stand outside the house armed with Katta. It is also alleged that on 10.03.2018 at about 12 noon, when the prosecutrix was alone, the applicant and co-accused entered the house armed with weapons and applicant Javed committed rape on her. It is argued that the prosecutrix is aged about 17 years as per her statement recorded under Section 164 Cr.P.C. and the version set-up in the F.I.R. is totally false and unbelievable. Lastly, he contended that during trial the statement of the prosecutrix was recorded on 11.06.2018 in which she has completely taken a somersault and stated that she loves applicant Javed and wants to marry him and has also denied the prosecution version as stated in the first information report. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 09.04.2018, having no criminal history to his credit, deserves to be released on bail.