Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No. 554 of 2020, under Sections 376, 506 IPC, Police Station Nawabganj, District Prayagraj, during pendency of trial.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case on account of counter-blast as earlier an FIR was lodged by the applicant against the first informant.
Learned counsel for the applicant has next submitted that the applicant is in jail since 01.11.2020, as such, he be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for bail and has submitted that specific allegation of rape has been made against the applicant in the FIR and even in the statements of the victim recorded under Sections 161 and 164 CrPC, specific role of committing rape upon the victim has been assigned to the applicant, as such, the applicant is not entitled to be released on bail.
Considering the rival submissions made by learned counsel for the parties and looking to the specific allegation of rape made against the applicant, seriousness and gravity of the offence, evidence, complicity of the accused, I do not find it is a fit case for bail. Accordingly, this bail application is rejected at this stage.
However, trial court is expected to make all endeavours to conclude the trial within a period of six months from the receipt of certified copy of this order, without granting any unnecessary adjournment to either of the parties and there is no other legal impediment in concluding the trial.
Order Date :- 28.1.2021/NA