Ahmad v. State of U.P.

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25329 of 2022

Applicant :- Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Rupendra Kumar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.

This is 2nd Bail application moved on behalf of the applicant.The first bail application of the applicant was heard and rejected by Hon. Mr Justice R. K. Gautam vide order dated 24.11.2021.

The applicant seeks bail in Case Crime No. 99 of 2021, under Sections 376, 420, 506 IPC, P.S. Mughalpura, District Moradabad on the ground that charge sheet in the matter has already been submitted on 10.07.2021 and charge has also been framed against the applicant on 8.4.2022 despite that there is no possibility of early conclusion of the trial.

It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the incident took place on 25.5.2021 and FIR was lodged on 3.6.2021. It is further submitted that the victim in her statement said to have been recorded under Section 164 Cr.P.C. has herself admitted that she went with the applicant out of her own free will and stayed with him at different places without any alarm. The victim is a married lady aged about 31 years.It is further submitted that victim has been medically examined and there is no internal or external injury found on her person. The applicant is in jail since 03.06.2021 and has no criminal history. Charge-sheet has been filed and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.