Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15560 of 2010 Petitioner :- Rajesh Respondent :- State Of U.P. Petitioner Counsel :- M.P.S. Chauhan Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned counsel for the
complainant, learned AGA for the State and perused the record.
The present criminal misc. bail application has been filed with the
prayer to enlarge the applicant on bail in Case Crime No.312 of
2009, under Section 376, 452, 323, 506 IPC, P.S. Pali
Mukeempur, District Aligarh.
Learned counsel for the applicant submitted that there was some
dispute in between the parties hence applicant was falsely
implicated with the allegation of rape. It appears that she has not
raised any voice and there was no resistance. In fact no such
incident took place and on the basis of false allegation complaint
was made.
The aforesaid prayer for bail was opposed by learned counsel for
the complainant and learned AGA on the ground that in the
statement recorded under Section 161 Cr.P.C. and 164 Cr.P.C.
there was clear allegation of rape against applicant. Since his
husband was outside the house, at his field for irrigation of crop
when he returned then it was communicated to him. However, it
is submitted that when she resisted and raised objection she was
assaulted causing injury on head and leg.
In view of aforesaid facts, without expressing any opinion on
merit, it is not a fit case for bail. Accordingly, the application for
bail is rejected.
However, the trial court is expected to conclude the trial as
expeditiously as possible without unreasonable delay and
unnecessary adjournment.
Order Date :- 13.7.2010
Pramod