Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10683 of 2019 Applicant :- Manju @ Amit Opposite Party :- State of U.P.
Counsel for Applicant :- Yadvendra Singh,Anil Kumar Mishra,Mohd. Aslam Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Manju @ Amit, in Case Crime No. 330 of 2017, under Sections- 376, 506 I.P.C. P.S. Kotwali Dehat, District- Saharanpur.
Learned counsel for the applicant argued that the additional ground for this second bail application is statement of Sulochna, who happens to be next door neighbour of prosecutrix, wherein, she has denied about this occurrence; the second one is Premwati, she is aunt of prosecutrix, she has also not supported the case of of prosecution; applicant is languishing in jail since long i.e 24.10.2017 and in medical evidence, there is no support of rape; there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned AGA has vehemently opposed.
Having heard learned counsels for both sides and gone through the order of rejection of first bail application, it is apparent that entire argument advanced by learned counsel for the applicant was considered at the time of first bail application with regard to rape or medical support of rape; it is not an additional ground; the only ground is statement of Sulochna and Premwati but the prosecurtrix in her testimony recorded before trial Court is fully intact.
Considering all above facts and circumstances, heinousness of offence of rape, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, no case for bail is made out.
Accordingly, the bail application is rejected.
However trial is to be expedited and is to be concluded at an earliest strictly in accordance with provisions of Section 309 of Cr.P.C.
Order Date :- 21.12.2021 Kamarjahan