Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44535 of 2018 Applicant :- Umesh Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Misra,Atul Kumar,Manoj Kumar Dubey,Shri Viresh Misra, Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant Umesh, who is involved in Case Crime No. 133 of 2018, under section 376 IPC, police station Bhopa, district Muzaffar Nagar, and is in jail since 14.03.2018, is seeking enlargement on bail during the trial.
The first information report dated 07.03.2018 has been lodged by the complainant in respect of incident about rape committed upon his wife by the present applicant Umesh on 07.03.2018, while she was returning from the sugarcane field, the applicant caught hold of the alleged victim and dragged her to the agricultural field of Mustard and committed rape upon her. On hearing the shrieks of the victim, some persons reached there, on which the applicant fled away from the spot. Thereafter, the present FIR has been lodged by the complainant against the applicant and the medical examination of the alleged victim was conducted on the same day.
Learned counsel for the applicant submits that the applicant is quite innocent and has been falsely implicated in this case with the ulterior motive due to the reason that the husband of the victim had taken Rs. 85,000/- form the applicant as loan, but when the accused applicant demanded his money back, this false case of rape has been registered against the applicant. It is further submitted by the learned counsel for the applicant that the victim is aged about 30 years and was major at the time of incident. She was medically examined on the same day and the injuries found on the person of the victim was opined to be one day old by the doctor, which belies the factum of sexual assault on the day of incident. Learned counsel for the applicant further submitted that the applicant is in jail for more than three years and nine months and the trial has not yet been concluded. The applicant is entitled to be enlarged on bail during pendency of the trial.
On the other hand, learned A.G.A. opposed the prayer for bail and submitted that there is no ground for false implication of the applicant and the alleged victim has received several injuries of mark on her body, which shows that she was physically assaulted by the accused person, and hence the applicant's prayer for bail at this stage is liable to be rejected.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record, this Court is not inclined to enlarge the applicant on bail at this stage of trial.
However considering the peculiar facts and circumstances of the case the trial court is directed the conclude the trial of the applicant within a period of six months from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties, if there is no legal impediment. In case the trial of the applicant is not concluded within the period stipulated herein above the applicant may move fresh bail application before this Court.
Subject to aforesaid direction, this bail application stands finally disposed of.
Order Date :- 21.12.2021 Sazia