Monu v. State of U.P.

Court No. - 41

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 987 of 2018

Applicant :- Monu Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar,Urmila Shukla Counsel for Opposite Party :- G.A.

Hon'ble Bachchoo Lal,J.

This second bail application has been moved on behalf of applicant Monu who is involved in Case Crime No. 43 of 2015, under section 376(2)N, 313, 314, 506 IPC and Section 4 POCSO Act, P.S. Bindki, District Fatehpur. The first bail application of the applicant was rejected on merit by this court vide order dated 21.9.2015.

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

It is submitted by learned counsel for the applicant that applicant is languishing in jail since 5.3.2015 i.e. more than 4 years and 7 months and the trial has not been concluded till date. It has further been submitted that the FIR was lodged by the victim herself when she became ill. The victim in the FIR has made allegation of rape against the applicant. The applicant has not committed the alleged offence. False allegation has been made against him. In FIR it has been mentioned that applicant committed rape upon the victim due to which she became pregnant and applicant provided medicine to her to cause miscarriage but prior to lodging this FIR the victim had not made any allegation against the applicant and had not lodged any FIR with regard to incident of rape. It has further been submitted that victim has made false allegation against the applicant under the pressure of her family members. The applicant has no criminal history.