Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7396 of 2019 Applicant :- Gopi Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. and perused the record.
It is contended by learned counsel for the applicant that the date of incident is 17.9.2017 but the FIR was lodged u/s 376-D, 504, 506 IPC on 30.10.2017. There is no explanation of delay. It is also contended by learned counsel for the applicant that the age of the victim is 40 years and due to partybandi, the applicant has falsely been implicated in this case. It is further contended by learned counsel for the applicant that against co-accused Ravi final report has been submitted by the Investigating Officer and only applicant has been charge-sheeted in this case. It is next contended by learned counsel for the applicant that there is previous arrest stay against the applicant passed in Criminal Misc. Writ Petition No.4638 of 2018. The applicant is in jail since 10.12.2018.
Per contra, learned counsel for the complainant and learned A.G.A. have vehemently opposed the prayer for bail and contended that there is clear explanation of delay. It is also contended that there is no such delay and there is no occasion to falsely implicate the applicant.
Considering the facts and circumstances of the case and the submissions made by both the parties, I am of the view that it is not a fit case for bail. Therefore, the bail application of the applicant stands rejected.
Order Date :- 28.2.2019 m.a.