Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35206 of 2020 Applicant :- Kallu Alias Monu Alias Kalyan Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Satyendra Narayan Singh,Pankaj Kumar Mishra,Radhey Shyam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant and learned AGA for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.246 of 2020, under Sections 376, 452, 323, 504 and 506 IPC, P.S. Jaswant Nagar, District Etawah with the prayer to enlarge him on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It was submitted that alleged incident has been shown of 23.06.2020 but first information report has been lodged after three days and no explanation for delay has been shown. Learned counsel has referred the statement of father-in-law of prosecutrix, wherein he has alleged that after the incident, a compromise has taken place but after that applicant has assaulted and abused him and thereafter case was registered. Learned counsel submitted that the presence of alleged eye-witness is thoroughly improbable. It was also stated that alleged incident has been shown of 10.00 AM in the house of prosecutrix and it is not probable that such an incident would have taken place and that neighbours would not come to know about the incident. It was further submitted that applicant is languishing in jail since 30.06.2020 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned counsel for the first informant and learned A.G.A. have opposed the prayer for bail and argued that applicant is son of brother-in-law (Jeth) of prosecutrix. It has been stated that in her statement under Section 161 and 164 Cr.P.C., prosecutrix has made clear allegations of rape and that even as per statements of the witnesses, prosecutrix was saved after breaking the door of the room, wherein applicant has committed rape upon her and that applicant was found there but he has fled.
Considering the submissions of learned counsel for the parties, nature of accusations, gravity of offence and all attending facts and circumstances of the case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Kallu alias Monu alias Kalyan Singh is hereby rejected.
Order Date :- 28.7.2021 Neeraj