Deoraj v. State of U.P.

Court No. - 46

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9613 of 2015

Applicant :- Deoraj Opposite Party :- State Of U.P. Counsel for Applicant :- A.K. Singh,R.K Singh Gaharwar Counsel for Opposite Party :- Govt. Advocate

Hon'ble Naheed Ara Moonis,J.

Supplementary affidavit has been filed along with the copy of the current order-sheet of the case, the same is taken on record.

This bail application has been moved on behalf of the applicant Deoraj in case Crime No. 85 of 2014, under Sections 376 (D), 452, 506 I.P.C. and Section 5 (G) of Protection of Children from Sexual Offiences Act, 2012, police station Barla, district Aligarh.

The prosecution case in nutshell is that the first information report was lodged by the mother of the victim that her daughter was subjected to sexual inter course forcibly by the applicant and co-accused Vikram taking advantage of her loneliness by entering into the house at 11 A.M. on 2.5.2014 and while running away they had extended threat to life if the incident is disclosed to anyone.

It is submitted by the learned counsel for the applicant that the prosecution case is absolutely false and concocted. According to the medical report the victim is major. She has made false allegation that the applicant and the co-accused had ravished her and at that time the applicant was having firearm weapon. The trial is proceeding in snail's pace and only the examination-in-chief of the victim has been recorded so far. The applicant is languishing in jail since 26.5.2014. In case the applicant is enlarged on bail, he will not misuse the liberty of bail.