Allahabad High Court
Wanted vs State Of U.P. on 5 October, 2020
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15675 of 2020 Applicant :- Wanted Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Ayub,Alok Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
Heard Mohd. Ayub, learned counsel for the applicant, Sri Gaurav Pratap Singh, learned brief-holder for the State and perused the record.
It has been contended by learned counsel for the applicant that though there is allegation of rape against the applicant and three co-accused persons by the prosecutrix/victim but her medical report does not corroborate her statement u/s 164 Cr.P.C. There is allegation of rape against co-accused Gullu Mohammad @ Gullu by the victim including making video clip of the crime in question. The applicant is in jail since 21.10.2019.
Learned brief-holder for the State opposed the prayer for bail and submitted that the victim is a minor girl aged about 17 years and she has been subjected to rape by the applicant and three co-accused persons. It is a case of gang rape.
Without expressing any opinion on the merits of the case and considering the submissions advanced, I find that no good ground is made out for enlarging the applicant on bail.
The bail application of the applicant Wanted, involved in case crime no.25 of 2019, under Sections 376, 452, 506 IPC and and 3/4 POCSO Act, P.S. Shahganj, district Agra is, accordingly, rejected.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 5.10.2020 Gaurav