The Court rejected the second bail application moving for liberty under Section 437/439 CrPC during the trial of a rape charge. The Court found no new ground for bail considering the criminal and brutality of the crime and previous rejection.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19241 of 2022
Applicant :- Jahid Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
This is the second bail application. The first bail application has been rejected by this Court on 21.12.2021
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
This second bail application has been moved for seeking bail in Case Crime No. 480 of 2021 under Sections 376 (D) (B), 342 I.P.C. and Section 5GM/6 POSCO Act Police StationEtmaddula, District- Agra.
Facts in brief are that on 18.07.2021 at about 12:30 P.M. ten years victim was raped by the applicant with other co-accused persons and all the accused persons were caught by the people in the same room. There was bleeding on the private part of the victim. On the same day F.I.R. was lodged and victim was medically examined in which signs of recent brutal sexual assault were found. After considering all the circumstances of the case, the first bail application was rejected by this Court by order dated 21.12.2021.
It is submitted that in this case till now the statement of victim has been recorded by the learned Trial Court and no other witnesses are being recorded, therefore, the applicant being in Jail since 2021, be released on bail and in case he is released on bail he will not misuse the liberty of bail.
Learned AGA opposed the prayer as aforesaid.
Considering the submissions made by the learned counsel for the applicant as well as material on record there appears no any new ground to enlarge the applicant on bail. Hence this second bail application is hereby rejected at this stage.
Order Date :- 17.1.2023 Suraj Srivastav
Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the second bail application in a rape trial warrants the applicant's release at this stage.
Jahid
State of U.P.
Subhash Chandra Sharma
Suraj Srivastav
As recorded by the court registry
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