Tipan Kumar v. State of U.P.

Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2589 of 2019

Applicant :- Tipan Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Kumar Singh,Ambrish Kumar Kashyap Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

The present second bail application has been filed by the applicant in Case Crime No. 184 of 2017, under Sections 376 of IPC and 3/4 of POCSO Act, Police Station Shamshabad, District Farrukhabad with the prayer to enlarge the applicant on bail. First bail application of applicant was rejected by Hon'ble Mrs. Vijay Lakshmi, J. in Criminal Misc. Bail Application No. 48373 of 2017 vide order dated 21.12.2017.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

According to prosecution version, on 05.07.2017, when complainant's minor daughter, aged 15 years, has gone to attend call of nature, applicant caught and dragged her into sugarcane field and committed rape upon her.

Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case. The main contention of learned counsel is that after rejection of first bail application of applicant, during trial statements of PW-1-complainant and PW-2-prosecutrix have been recorded. It was pointed out that in his statement, PW-1complainant has inter alia admitted that earlier there was litigation between parties and that he cannot tell as to who