Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37988 of 2019 Applicant :- Pintu @ Ramshankar Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilendra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Sri Akhilendra Yadav, learned counsel for the applicant and Sri H M B Sinha, learned AGA for the State.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, seeking enlargement on bail during the trial in connection with Crime No.107 of 2019 under Sections 457, 376, 511, 323 of IPC, Police Station Linepar, District Firozabad.
As per prosecution case, on 10.7.2019, FIR was lodged by Kamlesh Kumar, alleging in it that in the night intervening 9/10.7.2019, when he was not at his house, the applicant gained entry in his house and made an attempt to commit sexual intercourse with his wife. He has also alleged that when his wife protested, the applicant caused several scissor injuries to her.
Counsel for the applicant submits that the complainant was earlier a tenant of the applicant and that is why, he has falsely implicated the applicant in the present case.
On the other hand, opposing this submission, it has been argued by learned State Counsel that apart from the statement of the prosecutrix, her medical report also supports the prosecution version.
Considering the nature of allegations levelled against the applicant and the evidence available on record, I am not inclined to release the applicant on bail at this stage. His bail application is rejected. However, the applicant would be at liberty to revive his application after court statement of the prosecutrix.
Order Date :- 25.9.2019 RKK/-