Court No. - 49 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10149 of 2010 Petitioner :- Pramod Rajbhar Respondent :- State Of U.P. Petitioner Counsel :- S.N.Tripathi Respondent Counsel :- Govt Advocate Hon'ble Bala Krishna Narayana,J.
Supplementary affidavit filed today, be kept on record.
Heard learned counsel for the applicant and the learned AGA appearing on
behalf of State, perused the material brought on record. The prosecutrix in her
statement recorded uner Section 164 Cr.P.C. has clearly stated that she was
raped by the applicant and one Kallu.
Learned counsel for the applicant contended that Kallu is identically placed
as the applicant and Kallu has been enlarged on bail . This Courtwhile
enlarging the co accused Kallu on bail has taken note of the fact that he was
not named in the FIR and thus the case of the present applicant is
distinguishable from the case of accused Kallu. No case for bail is made out.
The bail application is rejected.
However, considering the fact that the applicant is languishing in jail for two
and half years, it is directed that the trial court shall conclude the trial as
expeditiously as possible preferably within a period of six months from the
date of production of certified copy of this order.
Order Date :- 16.7.2010
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