Single judge of Court No. 52 denied bail to an applicant accused of kidnapping and raping a minor. The court relied onmedical reports andvictim statements, finding specific allegations of rape. Bail was rejected at the trial stage.
Bail application rejected; applicant shall remain in custody. Order without expressing opinion on merits.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34868 of 2018
Applicant :- Shamshad Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldip Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Vakalatnama has been filed by Sri Sudhanshu Kumar Singh on behalf of the informant, which is taken on record.
Heard Sri Kuldip Singh Yadav, learned counsel for the applicant, Sri Sudhanshu Kumar Singh, learned counsel for the informant and learned A.G.A. for the State and perused the material placed on the record.
Applicant- Shamshad seeks bail in Case Crime No.283 of 2018, under Sections 363, 366, 376, 370-A I.P.C. and Section 3/4 of POCSO Act, Police Station- Uttar, District- Firozabad.
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 25.03.2018, may be enlarged on bail during trial.
Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for the bail.
Having heard both the parties and considering the facts and circumstances of the case, especially, the medical report and the statement of the victim recorded under Section 164 Cr.P.C. from which it transpires that the victim is aged about 14 years and she has made specific allegation of kidnapping and rape against the applicant, 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 :- 17.9.2018 Vikas
1 issue framed by the court
Whether the applicant is entitled to bail in a criminal case involving kidnapping and alleged rape under IPC and POCSO Act.
3 provisions across 3 enactments
Shamshad
State Of U.P.
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
