Allahabad High Court
Vishal Maurya vs State Of U.P. And Another on 6 August, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18102 of 2021 Applicant :- Vishal Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Kumar Counsel for Opposite Party :- G.A. Hon'ble Om Prakash-VII,J.
List revised. Despite service of notice, none is present for the informant.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Offences levelled in the matter are not attracted. Though age of the victim as per high school certificate is about 16 years yet in the medical examination she was found aged about 18 years. Referring to contents of F.I.R., statement of victim recorded under Sections 161 and 164 CrPC it is further submitted that victim had gone at the place of occurrence at her own sweet will. Applicant's uncle himself had sent the victim at her house. The applicant has no criminal history. He is languishing in jail since 19.1.2021 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 opposed the prayer for bail and submitted that victim was minor as is clear from the High School Certificate. She has supported the prosecution case in her statements recorded under Sections 161 and 164 CrPC. All the offences levelled in the matter are attracted against the applicant. A prima facie case is made out.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victim recorded under Section 164 CrPC, the medical evidence, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application is rejected.
Order Date :- 6.8.2021 safi