Dubari vs State Of U.P.
2012 Latest Caselaw 971 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 
Bail application No. 131010 of 2011
 
In re:
 

 
Case :- CRIMINAL APPEAL No. - 2206 of 2011
 

 
Petitioner :- Dubari
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Pradeep Kr. Tripathi
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Surendra Vikram Singh Rathore,J.

Heard learned counsel for the appellant  and learned A.G.A. for the State and perused the record.

Prayer for bail has been made by the appellant, who has been convicted under section  376(2)(G) and 506 I.P.C. and sentenced to undergo  maximum period of 10 years rigorous imprisonment with fine of Rs. 5,000/- by Additional Sessions Judge, Sitapur, Court No. 6 in Sessions Trial No. 110/2009, arising out of case Crime No. 389/08, P.S.-Laharpur, District - Sitapur. 

Appellant along with one Manoj (co-accused) was convicted for the offence under section  376(2)(G) and 506 I.P.C. and sentenced to under go  10 years rigorous imprisonment with fine of Rs. 5,000/-

Learned counsel for the appellant has submitted that the appellant is the uncle of the co-accused.  It is further submitted that the appellant had seen the prosecutrix  in objectionable condition with Sant Kumar. Therefore, he has been falsely implicated in this case. The appellant is in custody since 20-06-2008 and there is no criminal history of the appellant.

Learned A.G.A. has opposed the prayer for bail and has submitted that it is a case of gang rape and there is direct allegation of the prosecutrix  against the appellant and the same is fully corroborated by the medical evidence.

Keeping in view, the seriousness of the case and direct evidence available against the appellant, I do not consider it to be a fit case for bail.

Accordingly, the prayer for bail is hereby rejected.

List this appeal for final hearing before the appropriate Bench in the month of July, 2012.

Order dated :- 27-04-2012

S. Kumar.