The Allahabad High Court, Criminal Misc. Bail Application No. 52619 of 2022, dismissed an application for bail in a rape case. The court held that the grounds raised by the applicant were insufficient prima facie given the gravity of the offence.
Prayer for bail refused and application dismissed.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52619 of 2022
Applicant :- Lalit Chaurasiya Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
Heard Sri Akhilesh Kumar Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This applicant has been filed with a prayer to release the applicant on bail in case crime No. 194 of 2012, under sections 376-D, 457 IPC, P.S. Sonha, District Basti.
It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case. Further contended that in the present case FIR has been lodged after four days without explaining the delay. Next argued that the applicant is mentally retarded person whose treatment is going on and lastly argued that applicant is in jail since 07.09.2022.
Per contra learned A.G.A. for the State rebutted the above arguments stating that applicant-accused is named in the FIR and victim has also stated in her statement recorded under sections 161, 164 Cr.P.C. the name of the applicant of committing the rape along with other co-accused and the gravity of the offence is too much, therefore, the applicant may not be released on bail
Having considered the submissions raised by the counsel for the applicant-accused and learned A.G.A. for the State, gravity and severity of the offence and conduct of the applicant-accused, I am of the view that prima facie at this stage grounds are not sufficient to enlarge the applicant-accused on bail. Accordingly, prayer for bail is refused.
Accordingly, this application is dismissed .
Order Date :- 17.1.2023
RPD
Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail be granted to the applicant accused in a case involving rape.
Whether the delay in lodging FIR and the mental retardation of the applicant are sufficient grounds for bail.
Lalit Chaurasiya
Dr. Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
