In this bail application under Sections 376 IPC and 67(A) IT Act, the court rejected bail, citing the serious nature of the rape allegation, the victim’s statement, and the accused’s refusal to provide DNA samples.
Bail application rejected without expressing opinion on the merit of the case.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31279 of 2018
Applicant :- Bhupendra Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sanjay Srivastava, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant- Bhupendra Sharma seeks bail in Case Crime No. 341 of 2018 under Sections 376 I.P.C. and 67(A) of I.T. Act, Police StationJahangirabad, District- Bulandshahar.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case by the first informant. The prosecution case of commission of rape is wholly false and fabricated, thus the applicant, who is in jail since 05.07.2018, may be enlarged on bail during trial.
Per contra, learned A.G.A. has vehemently opposed the prayer for the bail.
Considering the facts and circumstances of the case that the allegation against the applicant is that he had raped a lady aged about 30 years who was mentally unsound. F.I.R. has been lodged by a Samaritan who has lodged the said report after watching the video clipping of applicant raping the victim who also had a daughter aged about one year in her lap. The victim has also stated the manner in which she was raped. During investigation, IO had moved an application for taking DNA samples of the applicant to which he had refused. Therefore, 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 :- 21.8.2018
Vikas/-
2 issues framed by the court
Whether bail should be granted to the applicant accused of rape accused.
Whether the refusal of bail warrants classification in any other subject matter.
Bhupendra Sharma
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
