Mahaveer v. State of U.P.

Court No. - 83

Case :- CRIMINAL APPEAL No. - 2182 of 2024

Appellant :- Mahaveer Respondent :- State of U.P. Counsel for Appellant :- Gopal Misra Counsel for Respondent :- G.A.

Hon'ble Saurabh Srivastava,J.

Order on Application under Section 389(1) Cr.P.C.

1. Heard learned counsel for the appellant-applicant and learned A.G.A. for the State.

1. Learned counsel for the applicant submitted that the applicant aged about 72 years has been falsely implicated in the present case along with co-accused and one of the co-accused is his son and as such, it is not possible that a father can help his son in abducting and committing rape. Learned counsel for applicant further submitted that by bare perusal of the statement under Section 164 Cr.P.C. of the victim, appellant had not committed any rape upon the victim who was major at the time of alleged incident. Learned counsel for appellant further submitted that appellant is suffering from old age diseases and had also undergone with Coronary Artery Bypass Surgery. Learned counsel for applicant further submitted that medical examination report does not corroborate the alleged incident. Learned counsel for the appellant/applicant further submitted that applicant has no other criminal history in his favour and disposal of appeal will take time and accused-appellant undertakes that he will not misuse the liberty of bail and shall remain present before the Court as and when required and he will cooperate with the hearing of appeal.