Ajeet v. State of U.P.

Court No. - 54

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40301 of 2017

Applicant :- Ajeet Opposite Party :- State Of U.P. Counsel for Applicant :- Prashant Kumar Lal,Pankaj Sharma Counsel for Opposite Party :- G.A.,V.K. Tripathi

Hon'ble Rahul Chaturvedi,J.

Heard Sri Rajeev Lochan Shukla, along with Sri Pankaj Sharma, learned counsel for the applicant, Sri V.K.Tripathi, learned counsel for the complainant and learned AGA for the State and perused the material on record.

By means of this application, the applicant who is involved in case crime no. 169 of 2017, under Section 376 IPC, P.S. Naujheel, District Mathura is seeking enlargement on bail during the trial.

Learned counsel for the applicant submitted that on the earlier occasion in the year 2015 the husband of the prosecutrix lodged a FIR against one person named Ajeet under Sections 452, 323, 504 and 506 IPC for making indecent conversation with his wife, though after the investigation police has submitted final report in the matter. In order to vengeance and to show bitter lesson Vimlesh, prosecutrix herself lodged an FIR at 12.00 in the night on 11.05.2017 for the alleged incident which said to have been taken place on 11.05.2017 itself at 8.15 p.m. narrating therein that when she along with Dewarani were going to attend the marriage in the village she met with the present applicant Ajeet who again happens indecent remarks towards her and in retaliation to it the applicant has caught hold of the lady and dragged her away in the dark and started committing rape with her. On raising alarm, the incident was witnessed by Omveer (Dewar of the prosecutrix), Ramesh ( husband of the prosecutrix) and one Raju, she was admitted for medical examination on very next day and according to the doctor the prosecutrix is having two insignificant injuries. As per the doctor these injuries were caused one day back which do not coincide with the incident, except this the entire injury report is empty and there is no injury over her private or external part of the body. The prosecutrix is married women aged about 28 years, there is no mark of injury over her person. 161 Cr.P.C. statement which was recorded on 05.06.2017, though she attributed the role of committing rape but it cannot corroborate the medical examination report. He lastly submitted that the applicant is in jail since 22.08.2017 is entitled to be enlarged on bail during the pendency of trial.