Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49204

of 2021

Applicant :- Riyaz Ali

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Abdul Mazeed,Shahla Naz

Counsel for Opposite Party :- G.A.

Hon'ble Ram Krishna Gautam,J.

Heard over bail application moved by applicant, Riyaz Ali, in

Case Crime No. 482 of 2021, under Sections- 376, 323, 457,

506 I.P.C., P.S. Bisalpur, District- Pilibhit.

Learned counsel for the applicant argued that the accused-

applicant is innocent; he has been falsely implicated in this very

case crime number and is languishing in jail since 23.9.2021; he

is of no criminal antecedent and there is no likelihood of fleeing

from course of justice or tempering with evidence in case of

release on bail; there is accusation of rape in first information

report as well as statement under Section 161 of Cr.P.C.

whereas in statement under Section 164 of Cr.P.C, the

accusation is of attempt to commit rape; it is a false implication.

Hence, bail has been prayed for.

Learned AGA has vehemently opposed with this contention that

it was a report got instantly lodged on the very next day i.e.

21.9.2021, at 15:11 hours, for the occurrence which had

occurred on 20.9.2021 at 2:00 A.M.; prosecutrix is herself

informant; she was raped by applicant and it is there in her

statement under Section 161 of Cr.P.C. as well as statement

made before the Medical Board by prosecutrix; the contention

is further corroborated by presence of contused swelling over

the left thigh of the victim with minor injury over the labia

majora, internal vaginal part; the other symptom of rape is also

there in the medical examination report; the statement under

Sections 161 as well as 164 of Cr.P.C. is fully intact and

applicant is brother of village pradhan, is said to be doomed in

the society and there is every likelihood of fleeing from the

course of justice or tampering with the evidence, in case of

release on bail. Hence, bail be rejected.

Having heard learned counsel for both sides and gone thorough

the material placed on record, it is apparent that instant report of

this offence of rape was got registered by prosecutrix herself;

the same is her contention before Medical Board as well as

under Section 161 of Cr.P.C.; it has further been substantiated

by presence of injury over the person of prosecutrix including

injury over the labia majora- internal vaginal part. Considering

all above facts and circumstances, heinousness of offence of

rape, vulnerability of poor victim, likelihood of fleeing from the

course of justice or tampering with evidence, in case of release

on bail but without commenting on the merit of case, no ground

for bail is there.

Accordingly, rejected.

Order Date :- 23.11.2021

Kamarjahan