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Judgment
Sanjaya Kumar Mishra, J
Heard the learned counsel for the applicant and the learned Deputy Advocate General for the State.
It is an application under Section 439 of the Code of Criminal Procedure, 1973, filed by the applicant, who is in jail, in connection with Case Crime No. 41 of 2019 (S.S.T. No. 48 / 2019) for the alleged commission of offence punishable under Sections 376(3) of the Indian Penal Code, 1860 (for brevity ‘IPC’), and under Section 5(n) / 6 of the Protection of Children from Sexual Offences Act, registered with Police Station Bhimtal, District Nainital.
In this case the applicant is facing trial for committing rape upon his own daughter. The evidence of the victim girl, who was admittedly minor at the time of occurrence, is already recorded. The victim girl has supported the case of the prosecution, and her evidence is corroborated by the medical evidence.
Keeping in view the aforesaid facts and the submissions made by the learned counsel for the applicant, as borne out from the record, this Court is of the opinion that it is not a fit case to grant bail to the applicant.
The bail application is, hereby, rejected.