Allahabad High Court High Court

Amit vs State Of U.P. on 23 July, 2010

Allahabad High Court
Amit vs State Of U.P. on 23 July, 2010
Court No. - 52

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8853 of 2009

Petitioner :- Amit
Respondent :- State Of U.P.
Petitioner Counsel :- Mohd. Afzal,Nazrul Islam Jafri
Respondent Counsel :- Govt. Advocate,J.S. Kashyap

Hon'ble Arvind Kumar Tripathi,J.

Heard learned counsel for the applicant , learned A.G.A. and
perused the record.

Learned counsel for the applicant submitted that the applicant
was falsely implicated in the present case only being relative
of the co-accused, Jitendra. He is not resident of his village.
He is in jail since 12.1.2009.

Learned A.G.A. opposed the prayer for bail on the ground
that there was allegation against the applicant and other co-
accused of committing rape. It is a gang rape. Even the
prosecutrix has supported the prosecution version. There was
no reason of false implication to the applicant.
Considering the aforesaid fact, without observation on merit,
at this stage, it is not a fit case for bail.
Accordingly, present bail application of Amit in Case Crime
No. 584 of 2008, under Sections 376/120-B IPC, P.S.
Pilkhuwa, District Ghaziabad is hereby rejected.
However, trial Court is expected to conclude the trial as
expeditiously as possible, without unreasonable delay and
unnecessary adjournment.

Order Date :- 23.7.2010
prabhat