Allahabad High Court
Faizan vs State Of U.P. on 11 February, 2020
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6520 of 2020 Applicant :- Faizan Opposite Party :- State of U.P. Counsel for Applicant :- Alok Tripathi,Suresh Chandra Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
The present bail application has been filed by the applicant-Faizan in Case Crime No. 931 of 2019 under Sections 363, 366, 376, 506 I.P.C. P.S. Tajganj, District Agra with prayer to enlarge the applicant on bail.
It has been submitted by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. Even as per prosecution version, victim has taken away some money and jwellery from her house which shows that she is a consenting party. It was submitted that allegations against the applicant regarding kidnapping and rape are false and baseless. As per medical examination report, age of the victim is 19 years. Learned counsel further submitted that in case, applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial and he is languishing in jail since 27.09.2019.
Learned A.G.A. has opposed the bail and argued that age of the victim is 17 years and that in her statement recorded under Section 161and 164 Cr.P.C., she has made allegations of kidnapping and rape against the applicant. It was further submitted that as per victim, she was subjected to rape for several times.
Keeping in view the submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, no case for bail has been made out.
Accordingly, the bail application of applicant-Faizan is rejected.
Order Date :- 11.2.2020 S.Ali