Gaurav v. State of U.P.

Court No. - 71 Case :- CRIMINAL APPEAL No. - 1530 of 2019 Appellant :- Gaurav Respondent :- State Of U.P. Counsel for Appellant :- Ved Prakash Pandey Counsel for Respondent :- G.A.,Chandra Bhushan Verma,R.L. Varma

Hon'ble Ajit Singh,J.

Two counter affidavits have been filed on behalf of State and complainant, are taken on record.

Rejoinder affidavit filed today is taken on record.

Heard learned counsel for the appellant, learned counsel for the complainant and learned A.G.A. for the State. Perused the record.

This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 7.1.2019 passed by learned Additional Sessions Judge/Special Judge SC/ST Act, Shahjahanpur in Bail Application No.3090 of 2018(Gaurav Vs. State of U.P.), arising out of Case crime No. 445 of 2018, under Sections 376, 506 I.P.C. and 3(2)V SC/ST Act, P.S. Roza, District Shahjahanpur seeking bail in the aforesaid sections.

Learned counsel for the appellant has submitted that the appellant is quite innocent and has been falsely implicated in the present case due to village party band and just to grab the money from the accused and his family members. He further submitted that as per FIR, the age of the girl is about 18 years and as per medical examination certificate, the age of the girl is 19 years, copy whereof has been annexed on page 43 of the paper book. It has been opined by the doctor that 'there is no sign of penetration of veginal'. He has further been submitted that as per medical of the victim hymen is old torn and there was no sign of use of force on the person of the victim. Lastly he submitted that the appellant is languishing in jail since 27.9.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.