Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27176 of 2015 Applicant :- Naresh Opposite Party :- State Of U.P.
Counsel for Applicant :- Zafar Abbas,Abhijit Mishra,Ajai Kumar,Dinesh Raghav,Gambhir Singh,Sunil Kumar Singh,Sushmita Raghav Counsel for Opposite Party :- Govt. Advocate
Hon'ble Ramesh Sinha,J.
Heard Sri Gambhir Singh and SRi Ajai Kumar, learned counsel for the applicant, Sri I.P. Srivastava, learned A.G.A. for the State and perused the record.
It has been contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case. The impugned FIR has been lodged against the applicant at the behest of the brick-kiln owner by the prosecutrix who is a married woman having five children. The statement of the prosecutrix does not corroborate her statement u/s 164 Cr.P.C. The applicant is in jail since 7.5.2015.
Learned AGA opposed the prayer for bail and submitted that as per statement of the prosecutrix u/s 164 Cr.P.C, there is allegation of rape against the applicant.
Without expressing any opinion on the merits of the case and considering the submissions advanced, I find that no good ground is made out for enlarging the applicant on bail.
The bail application of the applicant Naresh, involved in case crime no.151 of 2015, u/s 376 Gha, 342 IPC and 3 (2)(V) SC/ST Act, P.S. Baniather, district Sambhal is, accordingly, rejected.
However, the trial court is directed to expedite the trial and conclude the same preferably within the period of six months from the date of production of the certified copy of this order before the trial court, if the same has already not concluded.
The applicant is directed to produce the certified copy of this order before the trial court for it's compliance.
Order Date :- 29.3.2018 Gaurav