Raju v. State of U.P.

Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30565 of 2018 Applicant :- Raju Opposite Party :- State Of U.P. Counsel for Applicant :- Tripurari Pal Counsel for Opposite Party :- G.A.

Hon'ble Rajul Bhargava,J.

Learned A.G.A. has filed counter affidavit on behalf of the State, which is taken on record.

Heard Sri Tripurari Pal, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.

The present bail application has been filed by the applicant- Raju in Case Crime No. 773 of 2017, under Sections 376D, 120-B I.P.C., Police Station- Atrauli, District- Aligarh with the prayer to enlarge him on bail.

Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. He has referred to the statement of the victim recorded under Section 164 Cr.P.C. in which she has stated that since her brother was having love affair with the sister of the accused Raju and Vinay, the accused have committed gang-rape on her. He next contended that the prosecutrix had refused for her internal medical examination which could have established the prosecution version of gang-rape. He further pointed out that since it was alleged by the victim that the applicant had also assaulted her and she had sustained injury, therefore, she was referred to external examination by Chief Medical Officer, M.S Hospital, Aligarh. In this behalf a report of Chief Medical Officer, Aligarh has been annexed in the counter affidavit filed by the learned A.G.A. in which it has been submitted that no external medical examination of the victim was conducted. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 25.10.2017, having no criminal history to his credit, deserves to be released on bail.