Rakesh v. State of U.P.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8066 of 2020

Applicant :- Rakesh Opposite Party :- State of U.P. Counsel for Applicant :- Shiva Kant Srivastava,Pradeep Chauhan Counsel for Opposite Party :- G.A.

Hon'ble Om Prakash-VII,J.

Supplementary affidavit filed today is taken on record.

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 the applicant is innocent and have been falsely implicated in the present case. He has not committed the present offence. Victim was major aged about 18 years. Nothing was stated by the victim against applicant in her statement recorded under Section 164 CrPC to constitute the alleged offence. Applicant has no criminal history. He is languishing in jail since 31.12.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

On the other hand, learned AGA opposed the prayer for bail.

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.