Gappe v. State of U.P.

Court No. - 69

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8934 of 2022

Applicant :- Gappe Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

There is allegation of attempt to rape of minor girl against the applicant.

Learned counsel for the applicant has submitted that from the statement of the victim recorded under Section 164 Cr.P.C, it appears that prior to the date of incident some dispute took place between the applicant and the father and mother of the victim, wherein she stated that applicant has abused them and also abused her hence he has submitted that the mother of the victim has falsely implicated the applicant. The applicant is in jail since 04.12.2021.

Learned AGA has opposed the prayer for bail but could not dispute the above submissions.

Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India 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.