Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8640 of 2019 Applicant :- Ashok Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- Prem Prakash Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No.322 of 2018, under Sections 307, 376, 506 IPC, Police Station- Parasrampur, District-Basti, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case due to ulterior motive. It has been next submitted that the applicant and the victim are consenting parties. It has been next submitted that there is no sign of rape detected in the medical examination report proving the prosecution story. The applicant is languishing in jail since 20.10.2018.
Learned A.G.A. opposed the bail prayer of the applicant and submitted that there are multiple injuries on the body of the victim and the same has been corroborated by the statements of the victim under Sections 161 and 164 Cr.P.C. He has further stated that the victim has categorically stated in her statements about the rape committed by the applicant by threatening her.
Upon hearing the learned counsel for the parties, on perusal of the record and keeping in view of the fact that multiple injuries have been found on the body of the victim in the medical examination, I do not find any good reason to grant indulgence to the applicant.
Thus, the bail application stands rejected.
Office is directed to transmit the copy of this order to the learned trial court for intimation.
Order Date :- 27.2.2019 LN Tripathi