Criminal Misc. Bail Application retracted by Hon'ble Court No. 51, which rejected bail for the applicant charged with offences under Sections 451, 376, and 506 IPC. The court noted the gravity of the allegations and refusal to re-examine the case merits.
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Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19164 of 2019
Applicant :- Ajay Tiwari Opposite Party :- State Of U.P. Counsel for Applicant :- Purushottam Dixit Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and Sri V.K. Pandey, learned A. G. A. for the State.
Applicant has moved the present bail application seeking bail in Case Crime No.329 of 2017 u/s 451, 376 and 506 IPC PS Kotwali District Fatehpur.
Perusal of the record shows that the complaint has been filed lodged by the victim. Even though it is correct that the victim is adult, nevertheless the fact remains that as per the complaint she was living separately from her husband along with her minor children in the house of the applicant as a tenant though this fact has been denied by the learned counsel for the applicant.
I have perused the complaint filed under Section 200 CrPC. I have also perused the ultrasound report of the victim which shows that the victim is carrying pregnancy of about ten weeks.
Learned counsel for the applicant has pressed the bail application on the ground that the ultrasound report belies the contents of the complaint. However, nevertheless the fact remains that this Court cannot go into the same. The contents of the compliant are quite explicit. There is no reason for false implication of the applicant.
Moreover, looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment, no case for grant of any indulgence is made out at this stage.
Accordingly, the application for bail is rejected at this stage.
Order Date :- 7.8.2019 SP
2 issues framed by the court
Whether bail should be granted in charges of rape under Section 376 IPC.
Whether the discrepancy between the complaint and ultrasound report warrants bail.
Ajay Tiwari
Vipin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
