Dismissed

Zeeshan v. State of U.P.and 3 Others

Allahabad HC12 Jan 2023BAIL/40174/2022

Case brief

AI extract

What is this about?

In a bail application arising from Case Crime No. 530 of 2021, the Court rejected the plea for bail. Despite submissions regarding false implication and lack of criminal record, the Court held that no case for bail was made out due to the gravity of allegations involving the rape and kidnapping of a minor, rejecting the maximum incarceration period.

What did the court decide?

Bail application rejected; applicant denied bail pending trial.

Zeeshan Vs State of U.P.and 3 Others — Bail and Remand | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40174 of 2022

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Applicant :- Zeeshan Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- G.A.,Girish Chandra Maurya,Vishal Kumar

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the record.

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The present bail application has been filed on behalf of applicant in Case Crime No. 530 of 2021, under Sections 363, 376D, 323, 506 of IPC and Section 5/6 of P.O.C.S.O. Act, Police Station Phase-2 Noida, District Gautambuddha Nagar with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that applicant is not named in the first information report. The name of the applicant surfaced after the statement of the victim recorded under Section 161 Cr.P.C. In medical examination of the victim no finding of rape was recorded. It is further submitted that one witness Satveer Singh narrated the entire story which is supported by another witness Bablu, Gram Pradhan. It is further submitted that in CDR it discloses that informant was in conversation with the present applicant. It is further submitted that applicant is languishing in jail since 24.06.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Per contra, the learned Additional Government Advocate as well as learned counsel for the informant have opposed the prayer for grant of bail and argued that argued that there are no contradiction in the statement recorded under Sections 161 and 164 Cr.P.C. of the victim. The victim has specifically narrated that the present applicant raped her several times forcefully. In her statement recorded under Section 164 Cr.P.C. she has corroborated her statements against the applicant as narrated by her earlier under Section 161 Cr.P.C. It is further submitted that dispute between the Arav and the informant may be a different matter but so far as the commission of offence as described by

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the victim against the applicant is concerned, there is sufficient evidence available on record that applicant kidnapped a minor girl and raped her. It is submitted that the victim is minor girl aged about 16 years and she has narrated the entire facts in her statements.

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Considering the submissions of learned counsel for the parties, nature of allegations and gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that no case for grant of bail is made out. Hence, the bail application is hereby rejected

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Any observation made above shall not be treated as any finding on the merit and shall not prejudice the trial.

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Order Date :- 12.1.2023 Mohit

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Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad

Zeeshan v. State of U.P.and 3 Others

Case brief

What is this about?

What did the court decide?

Zeeshan v. State of U.P.and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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