Bade Lalla @ Jaduveer Singh v. State of U.P.

Court No. - 53

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43322 of 2018

Applicant :- Bade Lalla @ Jaduveer Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.

Hon'ble J.J. Munir,J.

This is an application for bail on behalf of the applicant Bade Lalla @ Jaduveer Singh, in Case Crime No.433 of 2018, under Sections 376, 511, 504, 506, IPC, Police Station Pooranpur, District Pilibhit.

Heard Sri Rajeev Kumar Singh Parmar, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA appearing on behalf of the State.

The submission of the learned counsel for the applicant is that the FIR has been lodged with a delay of one day. It is further argued that the place of incident is different as that mentioned in the FIR and the statement under Section 161 Cr.P.C. It is also argued that the prosecutrix has refused to undergo a medical examination, which would lead to an adverse inference against the prosecution. The allegation in the submission of learned counsel for the applicant is one of attempt to rape alone and, therefore, he is entitled to bail. It is further argued that there is an ongoing dispute between the applicant and the prosecutrix relating to drainage rights. It is also argued that the prosecutrix is aged about 40 years and in the medico legal report, there is no injury.

Learned AGA has opposed the prayer for bail and pointed out that there is a categorical account of a determined attempt to ravish the prosecutrix in the FIR, and, in the statement under Section 164 Cr.P.C. He submits that in the statement under Section 161 Cr.P.C. also, there is an allegation of attempt,