Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32075 of 2009 Petitioner :- Babloo Respondent :- State Of U.P. Petitioner Counsel :- H.C.Mishra Respondent Counsel :- Govt Advocate Hon'ble Surendra Singh,J.
Applicant- Babloo seeks bail in Case Crime No. 330 of 2009, under Section
376/506 IPC, Police Station Kanker Khera, District Meerut.
Heard learned counsel for the applicant as well as learned A.G.A. and also
perused the material placed on record.
Submissions have been made by the learned counsel for the applicant that the
victim is admittedly major and married and in absence of injury or mark of
violence either on her private part or external part of the body further
demolishes the story of the prosecution. He further contends that the applicant
is in jail since 13.6.2009 and the trial has not concluded. Although it has
already commenced and substantially proceeded and as many as a number of
prosecution witnesses have been examined, but it is likely to consume some
more time to conclude. Moreover, the applicant has got no criminal history to
his credit, thus deserves to be released on bail.
On the other hand, learned A.G.A. opposed this bail application and
contended that the prosecution is apprehensive of the fact that in case the
applicant is allowed to be released on bail, there is every likelihood of his
fleeing away from the judicial process.
Taking note of the submissions of the learned counsel for the parties as well
as having perused the material placed on record, I do not find any good
ground to release the applicant on bail. The prayer for bail is refused and the
application is, therefore, rejected, without expressing any opinion on the
merits of the case.
However, taking into account that the applicant is in jail since 13.6.2009, the
trial court is directed to make every endeavour to conclude the trial
expeditiously in consonance with the provisions of Section 309 Cr.P.C. Both
the parties are expected to cooperate with the proceedings and not to seek
unnecessary adjournments.
The office is directed to send the copy of the order to the District Judge/Trial
Court immediately for the communication and necessary compliance.
Order Date :- 1.2.2010
Mt/