Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16442 of 2009 Petitioner :- Vinod Respondent :- State Of U.P. Petitioner Counsel :- J.N. Singh,Arimardan Singh Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submitted that just to get compensation on
the basis of false allegation first information report was lodged. According to
first information report the prosecutrix was aged about 6 years however, as
per medical report she was aged about 4 years. According to doctor no
definite opinion could be given regarding rape. However, the applicant is in
jail since 22.2.2009.
Learned AGA opposed the aforesaid bail on the ground that the applicant has
criminally assaulted and there was attempt to rape on a prosecutrix aged about
in between 4 to 6 years. As per prosecution case there was unnatural offence
and as he has firstly committed oral sex with prosecutrix, thereafter there was
attempt to rape.
In view of the aforesaid fact at this stage, I am not inclined to grant the bail in
case crime no.107of 2009, under Sections 377,376,511 I.P.C. and under
Section 3(2)(v) SC/ST Act, P.S. Tathiya, district Kannauj.
Accordingly the present bail application is hereby rejected. However, it is
expected that the trial Court will conclude the trial as expeditiously as
possible without unreasonable delay and unnecessary adjournment.
Order Date :- 4.2.2010
piyush