NAUSHAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Jawahar Yadav, Advocate holding brief of K.K.Yadav, learned counsel for the applicant, learned AGA for the State and perused the material on record.

(2.) By means of this application, the applicant who is involved in case crime no. 357 of 2018, under Sections 120B, 376(3) IPC and Section 4 POCSO Act, P.S. Ahar, District Bulandshahar is seeking enlargement on bail during the trial.

(3.) Learned counsel for the applicant submitted that the FIR of the incident was lodged by the brother of the girl against applicant mentioning therein that her sister was taken away by the named accused persons whereby she was ravished by the applicant. The victim before the doctor has made statement that an attempt was made upon her. In paragraph 15F of the medico legal report there is denial of any pentration of male organ. It is contended by the counsel that it is highly improbable that in the presence of husband and wife, the applicant would commit this heinous offence and on the top of it in the testimony as PW-1 she has refused to support the prosecution case and has turned hostile. He lastly submitted that the applicant is in jail since 20.12.2018 is entitled to be enlarged on bail during the pendency of trial.