Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33720 of 2019 Applicant :- Monu Opposite Party :- State of U.P.
Counsel for Applicant :- Yogesh Kumar Srivastava,Ajay Kumar Dwivedi Counsel for Opposite Party :- G.A.,Rajendra Singh Yadav
Hon'ble Om Prakash-VII,J.
List revised. None present for the informant.
Heard Shri Yogesh Kumar Srivastava, learned counsel for the applicant, 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. Offences levelled in the present matter are not attracted against him. Trial is still pending. At this juncture, learned counsel for the applicant referred to the statement of victim as well as doctor concerned, who conducted the medical examination of the victim and further argued that prosecution case is not supported with medical evidence. Since there was dispute between the informant and the accused regarding the tenancy, due to that reason, present F.I.R. was lodged on the basis of false facts. Specific suggestion to this extent has also been put to the victim during cross examination. The applicant has no criminal history. He is languishing in jail since 10.06.2019 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 AGA opposed the prayer for bail and argued that offence of rape has been committed by the applicant against a girl aged about five years. She has categorically supported the prosecution case before the trial court.
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 hereby directed to conclude the trial expeditiously fixing short dates.
Order Date :- 27.7.2021 Sanjeet