This court rejected the bail application of Surjeet, arrested in a case of rape of a minor. The court declined to examine the merits of the prosecution version at this stage, citing the medical evidence and lack of victim support during trial as grounds for rejection.
Bail application rejected without express opinion on merit of the case.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30336 of 2018
Applicant :- Surjeet Opposite Party :- State Of U.P. Counsel for Applicant :- Hemendra Pratap Singh,Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Hemendra Pratap Singh and Dharmendra Pratap Singh, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant-Surjeet seeks bail in Case Crime No.279 of 2018, under Sections 376, 506 I.P.C. and 3/4 of Protection of Chlldren From Sexual Offences Act Police Station Shikandra Rao, District Hathras.
It has been argued by the learned counsel for the applicant that the victim has not supported the prosecution version during trial. He has further argued that the first informant had falsely implicated the applicant in the present case due to enmity. The version of rape as alleged in the F.I.R. is not supported by the medical evidence. Thus, the applicant, who is in jail since 22.05.2018, may be enlarged on bail during trial.
Per contra, learned A.G.A. has vehemently opposed the prayer for the bail and submitted that according to the medical report, the victim is aged about 15 years and she has fully corroborated the prosecution version that the applicant had committed rape with her on pistol point. The F.I.R. was lodged promptly within ten hours of the incident. At this stage, it would not be proper to take into account the statement of the victim recorded during trial. Therefore, the applicant is not entitled to be released on bail.
In the facts and circumstances of the case,I do not find any ground to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
Order Date :- 23.8.2018
MN/-
1 issue framed by the court
Whether the prayer for bail of the applicant under Section 437 CrPC, in a case involving rape of a child, should be granted.
4 provisions across 2 enactments
Surjeet
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
