The High Court rejected the second bail application filed by Samad. Although the first application was dismissed for want of prosecution, the second was heard on merits and denied because the prosecutrix was a minor, leaving no ground to claim consent.
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Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8957 of 2019
Applicant :- Samad Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ajay Kumar Mishra, learned counsel for the applicant and learned A.G.A. for the State.
The first bail application of the applicant was rejected vide order dated 11.10.2018. For ready reference the order dated 11.10.2018 is reproduced herein below:
"Case called out in the revised list.
Learned counsel for the applicant is not present.
Mr. Mohd. Belal, learned counsel appearing for the complainant and the learned A.G.A. for the State are present.
The present bail application is, accordingly, dismissed for want of prosecution. "
Subsequently, applicant filed the second bail application. Since the first bail application of the applicant has been rejected for want of prosecution, the second bail application of the applicant is heard on merits.
From the record, the Court finds that the prosecutrix is a minor. In that view of the matter, it is not open to the counsel for the applicant to submit that the alleged wrong was committed with the consent of the minor.
In this view of the matter, this Court does not find any good ground to allow the second bail application of the applicant.
Second bail application of the applicant is accordingly rejected.
Order Date :- 12.7.2019 Arshad
1 issue framed by the court
Whether bail should be granted to the applicant in a second bail application given the prosecutrix is a minor and the court finds no good ground to allow it.
Samad
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
