Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14211 of 2019 Applicant :- Dheeraj Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Tapan Kumar Mishra,C.P. Dwivedi,Manoj Kumar Singh,Syed Mohammad Abbas Abdy,Vinod Kumar Maurya Counsel for Opposite Party :- G.A.,Manoj Kumar Singh
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned counsel for informant as well as learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. No complaint was made by the victim regarding the offence said to have been committed on 12.12.2016. Referring to statement of informant recorded during trial it is also submitted that if latrine house was available in the house of informant, it appears improbable and unbelievable that victim would have gone in the field for natural call. Medical evidence does not support the oral version. Entire allegations levelled against accused applicant are false. The applicant has no criminal history. He is languishing in jail since 10.1.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for informant and the learned AGA opposing the prayer for bail submitted that on 12.12.2016 specific allegation of rape was levelled against the applicant. When family members of victim made complaint against family members of accused, again on 14.12.2016 applicant alongwith co-accused tried to commit same offence.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application is rejected.
However, trial court is directed to decide the trial expeditiously fixing short dates, preferably within a period of six months from the date of production of certified copy of this order before it. Parties shall cooperate in trial and no unnecessary adjournment shall be sought / granted.
Order Date :- 29.4.2019 safi