he does not deserves any indulgence. It has further been contended that the applicant is a named accused. The contention of the learned counsel for the applicant that only general allegations have been made to all the accused person is liable to be rejected on the ground that the first informant has specifically stated that the applicant has beaten the first informant by his leg due to which she sustained injuries in her stomach and as she was having three months' pregnancy, due to aforesaid blow, she suffered miscarriage, thereafter there was continuous bleeding from her body. The next contention of the learned counsel for the applicant that there is no independent witness is also liable to be rejected on the ground that the Investigating Officer has recorded statements of two independent witnesses, namely, Umesh Kumar Gupta and Gulab, who have also supported the prosecution case. The last contention of the learned counsel for the applicant that there was no external injury on the body of the first informant is also liable to be rejected on the ground that after sustaining injuries in her stomach, the first informant has been referred from the DHC, Basti to OPEC Hospital, Kailly Basti where the doctor has conducted the medical examination of the first informant and he opined that there was bleeding from the body of the first informant. Apart from the above, version regarding assault being committed by the applicant upon the first informant by his leg due to which she sustained injuries in her stomach, is consistent from the first information report as well as statements of the first informant, her mother-in-law and two independent witnesses. There is strong motive to the applicant to have assaulted the first informant as there is land dispute pending between the applicant's side and first informant's side. Dealing with the complicity of applicant-accused and in light of the material on record, the learned A.G.A. vehemently submits that no case for bail is made out and the bail application of the present applicant is liable to be rejected. It is lastly contended that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
