Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28555 of 2009 Petitioner :- Tika Ram Respondent :- State Of U.P. Petitioner Counsel :- Amit Rana Respondent Counsel :- Govt Advocate Hon'ble Arvind Kumar Tripathi,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned AGA 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.540 of 2009, under Section 452, 376, 323, 506 IPC, P.S.
Nawabganj, District Bareilly.
Learned counsel for the applicant submitted that prosecutrix
herself has not supported the prosecution case in her
statement before the trial court. There was dispute of landlord
and tenent hence he was falsely implicated and as such he is
entitled for bail. In the present case, the applicant is in jail
since 3.7.2009.
The aforesaid prayer for bail was opposed by the learned
AGA on the ground that there was a clear allegation
regarding gang rape and there was injury on external part of
body of prosecutrix. Since she was married lady hence there
was no reason to make such allegation of gang rape which
will affect her character and reputation in the society.
In view of aforesaid fact, the statement and other evidence
has to be examined by the trial court, after conclusion of trial
in view of evidence and circumstances of the case. Hence,
without expressing any opinion on merit, it is not a fit case
for bail at this stage. 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 :- 5.7.2010
Pramod