Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21946 of 2009 Petitioner :- Omi Respondent :- State Of U.P. Petitioner Counsel :- Mithilesh Kumar Shukla Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
List revised.
None present, except learned A.G.A.
Heard learned A.G.A. and perused the record.
This is second bail application in case crime No. 354 of 2007,
under Sections 363, 366, 376, 506 IPC, P.S. Dauki, District Agra.
First bail application was rejected on 22.10.2008 by learned Shiv
Charan J. since retired. Hence the present application has been
listed before this Court. Prosecution case was that the applicant
raped with minor daughter of the informant after she was
kidnapped from house. She was recovered from custody of the
applicant.
Learned A.G.A. submitted that there is clear allegation of rape
against the applicant. According to the medical report, she was
aged about 14 years. Hence she was clearly minor and according
to her statement under Section 164 Cr.P.C. firstly there was a gang
rape by accused-applicant and other co-accused in the field in
night. There after she was taken to the house of the applicant and
at the house of the applicant they committed rape. Next day she
was again taken to field where other persons succeeded to run
away however the applicant was apprehended on spot.
The ground for bail is that co-accused Lachho and charan whose
role were identical have already been released on bail. In fact the
applicant was falsely implicated.
Learned A.G.A. submitted that the case is not identical to those
accused against whom there was allegation of rape. The applicant
was apprehended on spot. From his possession, the prosecutrix
was recovered and he was main accused.
In view of the fact, it is not a fit case for bail. Accordingly bail
application of the applicant in case crime No. 354 of 2007, under
Sections 363, 366, 376, 506 IPC, P.S. Dauki, District Agra is
hereby rejected. However trial court is expected to conclude the
trial expeditiously as possible. Office to communicate the order to
the court concerned.
Order Date :- 16.7.2010
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