VIRENDRA GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Onkar Nath Singh Rathore, learned counsel for the appellant and Sri P K Mishra, learned counsel for the State. None for the private respondents though, according to learned State Counsel, have been served by concerned Sub Inspector. Appeal is formally admitted for hearing. With the consent of learned counsel for the parties, the appeal is heard finally.

(2.) Challenge in the present appeal is to the impugned order dated 12.3.2019 passed by the Second Additional Sessions Judge, Pratapgarh in Bail Application No.2452 of 2018, whereby the Special Court has rejected the bail application filed by the appellant under Section 439 of Cr PC, arising out of Crime No.161/2017, under Section 376 of IPC and Section 3 (2) (v) of SC/ST Act, Police Station Aspur Devsara, District Pratapgparh.

(3.) As per prosecution case, on 29.7.2017, FIR was lodged by Ram Ashish, father of prosecutrix, alleging in it that for his livelihood, he has gone out of his village and when he returned, he came to know that his daughter (prosecutrix) is carrying four months' pregnancy with the appellant, who was his next door neighbour. Based on this FIR, offence under Section 376 of IPC, Section 3/4 of POCSO and Section 3 (2) (v) of SC/ST Act was registered against the appellant. Counsel for the appellant submits that: