Faisal v. State of U.P.

Court No. - 52

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26560 of 2018

Applicant :- Faisal Opposite Party :- State Of U.P. Counsel for Applicant :- Shahabuddin Counsel for Opposite Party :- G.A.,Ankit Agarwal

Hon'ble Rajul Bhargava,J.

Sri Shahabuddin has filed supplementary affidavit on behalf of the applicant, which is taken on record.

Heard Sri Shahabuddin, learned counsel for the applicant, Sri Ankit Agarwal, learned counsel for the informant and the learned A.G.A. for the State and perused the record.

The present bail application has been filed by the applicant- Faisal in Case Crime No. 392 of 2017, under Sections 342, 376, 506 I.P.C. and 4 Prevention of Children from Sexual Offence Act, Police Station- Jahangirabad, District- Bulandshahar with the prayer to enlarge him on bail.

The submission of the learned counsel for the applicant is that as per medical report the prosecutrix is aged about 16-17 years. She is immediate neighbour of the applicant. It is stated that in fact, the prosecutrix was having an affair with the applicant and in this behalf he has referred to the call detail reports and its gist prepared by the investigating officer which reflects that on several occasions the prosecutrix had called the applicant on his mobile and vice-versa. A call was also made by the applicant to the prosecutrix even before her alleged kidnapping by the applicant and his family members. He next submitted that as per the statement of the prosecutrix she was kidnapped by the applicant and his family members, rape was committed upon her by the applicant and she came back in the evening. The medical report does not support the prosecution version of rape. There is no early prospect of conclusion of trial. The applicant, who is in jail since 08.12.2017, having no criminal history to his credit, no useful purpose would be served in keeping the applicant in detention. Therefore, he deserves to be released on bail.