Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39473

of 2022

Applicant :- Nasharuddin Alias Nashru

Opposite Party :- State Of U.P.And 3 Others

Counsel for Applicant :- Vipin Kumar Dwivedi

Counsel for Opposite Party :- G.A.

Hon'ble Mayank Kumar Jain,J.

Heard learned counsel for the applicant, learned A.G.A. for the

State.

The present bail application has been filed on behalf of

applicant in Case Crime No. 254 of 2022, under Section 376-

A, B , 504 I.P.C. and Section 5/6 Protection of Children from

Sexual Offence Act, 2012, Police Station Gulariha, District

Gorakhpur with the prayer to enlarge the applicant on bail.

It is argued by the learned counsel for the applicant that

applicant is innocent and he has been falsely implicated in the

present case due to the reason that informant wanted to take

possession of land belongs to the applicant and in this regard

applicant has submitted an application to the concern police

station as well as Chief Minister on 30.06.2022 and 01.07.2022.

It is further submitted that there are contradiction in between

the statements under section 161/164 Cr.P.C. It is further

submitted that as per medical examination report, victim

sustained no external or internal injury.

It has been further submitted that applicant is languishing in jail

since 01.07.2022 having no criminal history and that in case

the applicant is released on bail, he will not misuse the liberty

of bail and will cooperate in trial.

Per contra, learned A.G.A. assisted by the learned counsel for

the informant opposed the prayer for bail and submits that as

per first information report, the age of victim is 9 years as per

her date of birth. It is further submitted that in her statement

under section 164 Cr. P.C. victim has specifically made

allegation of rape against the applicant. It is further submitted

that there was no reason for false implication since the land did

not belong to the applicant. The applicant is not entitled for

bail.

As per version of the first information report, the deceased

Sushmita is the daughter of the informant Anil Kumar. In her

statement under section 161, the victim has supported the

version of the first information report. As per X-Ray report and

radiological, age of victim is 10 years, while as per school

certificate, the age of victim is 9 years as per her date of birth

i.e. 01.01.2012. The applicant is not entitled for bail.

Considering the submissions of learned counsel for the parties,

nature of allegations, 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.

It is clarified that the observations, if any, made in this order are

strictly confined to the disposal of this bail application and must

not be construed to have any reflection on the ultimate merits of

the case.

Order Date :- 19.1.2023

T.S.

Digitally signed by :-

TRIBHUWAN SINGH

High Court of Judicature at Allahabad