Ramkaran v. State of U.P.

Court No. - 92

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6672 of 2023

Applicant :- Ramkaran Opposite Party :- State of U.P. Counsel for Applicant :- Bindu Kumari Counsel for Opposite Party :- G.A.

Hon'ble Vipin Chandra Dixit,J.

Heard Ms. Bindu Kumari, learned counsel for the applicant and learned AGA for the State and perused the record.

It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. There is delay in lodging of the FIR, as the incident was allegedly occurred on 3.11.2022 whereas the FIR was lodged on 28.12.2022 through application under Section 156(3) Cr.P.C. The victim has denied for her medical examination. She is married lady, aged about 35 years. The statement of the victim was recorded under Section 164 Cr.P.C. in which she has stated that Nageshwar, Sangeeta and Geeta identified the applicant when he ran away from the house of the victim. Nageshwar @ Ghamadi Yadav, the alleged witness, was in jail since 29.9.2022 and was granted bail on 4.1.2023 and as such, on the date of incident the alleged witness was in jail. Copy of bail order has been appended as annexure 6 to the affidavit filed in support of the bail application. Lastly, it is submitted that earlier one FIR was lodged by the applicant against the husband of the victim on 1.8.2022, which is appended as annexure 7 to the affidavit filed in support of the bail application and the present FIR has been lodged with false allegations only to put pressure on the applicant. There is no possibility of applicant of fleeing away from the judicial process or tampering with the prosecution evidence.The applicant has no criminal history. The applicant is in jail since 28.12.2022 and if released on bail, he will not misuse the liberty of bail.