Kehar v. State of U.P.

Court No. - 55

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38110 of 2018

Applicant :- Kehar Opposite Party :- State Of U.P. Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard Sri Nanhe Lal Tripathi, learned counsel for the applicant and learned A.G.A. appearing for the State and perused the statement of the victim dated 04.08.2018 recorded under Section 164 Cr.P.C.

The submission of learned counsel for the applicant is that applicant has been falsely implicated due to ulterior motive. Further submission of the learned counsel for the applicant is that applicant has not committed the alleged offence and there is no independent witness to support the prosecution version. He further submits that as per High School Certificate victim is aged about 18 years, but as per the medical report she is about 17 years. So there is contradictions in the age of the victim. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 08.08.2018, has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.

Learned A.G.A. has vehemently opposed the prayer.