Bhola v. State of U.P.

Court No. - 80

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37335 of 2018

Applicant :- Bhola Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Prakash Dwivedi Counsel for Opposite Party :- G.A.

Hon'ble Ajit Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

By means of this application, the applicant who is involved in Case Crime No. 696 of 2018, under Sections 363, 366, 376 I.P.C., Police Station-Malpura, District-Agra, is seeking enlargement on bail during the trial.

Learned counsel for the applicant submitted that as per the medical report, the age of the victim is about 18 years and the photo copy of Supplementary Medico Legal Report is annexed at page no. 52 of the paper book. He next submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He has further submitted that girl was a consenting party and she has came out from her house to meet the present accused and when the girl was not found in the room then this matter was reported to the police as is evident from the statement of the victim's mother and father which are annexed at page 20 and 21 of the paper book. He next submitted that the victim has not received any physical injury on the external and internal part of her body. The hymen of the present victim is torn old healed. He lastly submitted that the applicant is languishing in jail since 30.06.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.