Parma v. State of U.P.

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18400 of 2019

Applicant :- Parma Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava,Mohd. Jamshed Khan,Shivangi Bhargava Counsel for Opposite Party :- G.A.,Pankaj Satsangi

Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for the applicant, learned counsel for complainant Sri A.S. Usmani, holding brief of Sri Pankaj Satsangi, learned A.G.A for the State and perused the record.

Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in this case for making enticement and committing rape with the victim, sister of informant. Further submitted that now the statements of victim and informant have been recorded before the learned trial court as P.W-1 and P.W-2. Both of them have not supported the prosecution version. The victim as P.W-2 herself made the statement that coaccused persons did not commit rape with her. Even during cross examination by the prosecution, nothing was found in the statement of prosecution version. In this way, no offence is made out against this applicant. He is languishing in jail since 17.11.2018 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 as well as learned counsel for complainant opposed the prayer for bail and acceded the fact that the victim and informant had not supported the prosecution version before the learned trial court.