Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24298 of 2009 Petitioner :- Dinesh Chandra Sharma Respondent :- State Of U.P. Petitioner Counsel :- Dr. Akhilesh Kumar Sharma Respondent Counsel :- Govt. Advocate 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 due to village party
bandi and one of the witnesses was inimical, hence the applicant was
falsely implicated in the present case. However, the first medical report
is dated 29.1.2009 and the second medical report is dated 28.5.2009. In
first medical report no injury was on any part of the body. Hymen was
found intact. However, in the second injury report it was found that
hymen was old torn and she was found habitual. There is not only
delay in lodging the First Information Report but even there is
contradiction in the medical report. According to the prosecution she
was found aged about 13 years. However, in the medical report she was
found to be aged about 15 years.
Learned A.G.A. opposed the prayer of bail on the ground that there was
no reason for false implication of the applicant and even by the
prosecutrix in her statement recorded under section 164 Cr.P.C. the
allegation of rape was made against the applicant. The alleged incident
is dated 20.12.2008. However, the first medical report was of 29.1.2009
hence no mark of injury was found on her body.
In view of the above, without expressing any opinion on merit, it is not
a fit case for bail and this bail application is accordingly rejected.
However, the trial court is expected to conclude the trial as
expeditiously as possible preferably within a period of four months.
Order Date :- 4.8.2010
Rk
