Shkeel v. State of U.P.

Court No. - 53

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50275 of 2017

Applicant :- Shkeel Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Vashisth,Siddharth Singh Counsel for Opposite Party :- G.A.

Hon'ble Umesh Chandra Srivastava,J.

Heard Shri Manoj Vashisth, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Submission of learned counsel for the applicant is that applicant has not committed the crime as alleged, he has been falsely implicated. Further submission is that there is contradiction in the prosecution story, in the F.I.R it is stated that incident took place in the house of the first informant, where as per statements of elder sister of the victim offence was committed in jungle. It is further stated that no blood is said to have been found on the place of occurrence. It is also submitted that applicant 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 and submitted that victim is one and half years old girl and medical report fully supports the prosecution.

Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case, specially the age of victim and her medical report, I do not find it a fit case of bail.