Second bail application dismissed for offences under IPC Sections 376, 452, 323, 354. Court found no ground for bail as victim statement remained consistent. Trial expedited to six months subject to applicant's cooperation.
Bail denied; trial to be concluded within six months subject to cooperation.
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Court No. - 6
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21207 of 2018
Applicant :- Rajan Shkula @ Dhamendra Shukla Opposite Party :- State Of U.P. Counsel for Applicant :- Brajesh Kumar Solanki Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant and the learned A.G.A.
This second bail application has been preferred with a prayer for the applicant being enlarged on bail who has been arraigned for the offences under Sections 376, 452, 323, 354 of I.P.C., Police Station Malwan, District Fatehpur.
The sole ground on which this second bail application is pressed is the statement of the victim as recorded before the Trial Court on 2 June 2018. According to the learned counsel for the applicant, the version as put forth by the victim is rendered doubtful since it appears to have been motivated by the fact that her husband has been awarded sentence of life imprisonment.
However, as this Court reads the statement of the victim, it is evident that the allegations have been reiterated before the Trial Judge. There are no material inconsistencies in her statement. Presently, the Court is informed that two other prosecution witnesses are yet to be examined.
In view thereof, although this Court finds no ground to enlarge the applicant on bail, it is only provided that the concerned Trial Judge shall endeavour to conclude the trial with expedition and preferably within a period of six months from the date of presentation of a certified copy of this order subject to the applicant cooperating in the conduct of the trial proceedings and not taking unnecessary adjournments.
Order Date :- 20.2.2019 Arun K. Singh
(Yashwant Varma, J.)
1 issue framed by the court
Whether to grant bail in a second application alleging victim bias due to husband's life sentence.
Rajan Shkula @ Dhamendra Shukla
State Of U.P.
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
