Rohit v. State of U.P.

Court No. - 90

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28132 of 2020

Applicant :- Rohit Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

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

The instant bail application has been filed on behalf of the applicant Rohit with a prayer to release him on bail in Case Crime No.181 of 2020, under sections 363, 366, 376, 504, 506 I.P.C. and 3/4 Protection of Children From Sexual Offences Act, P.S. Kotwali, District Farrukhabad, during pendency of the trial.

As per F.I.R. allegation, victim was enticed away by co-accused Ajmer and six accused persons (including applicant) and when the informant went to the house of Arvind Yadav, co-accused, they hurled abuse and threatened to kill her.

Learned counsel for the applicant submits that the only allegation against the applicant is that applicant is friend of coaccused Ajmer, with whom victim eloped and solemnized marriage; in the statement of the victim recorded under Sections 161Cr.P.C. and 164 Cr.P.C., no allegation of rape has been made against the applicant; the applicant is innocent and has been falsely implicated in this case; co-accused Ajmer has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 07.07.2020 passed in Crl. Misc. Bail Application No. 17010 of 2020. Moreover, there is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 29.07.2020.