Allahabad High Court
Kamil vs State Of U.P. on 21 November, 2019
Author: Narendra Kumar Johari
Bench: Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 85 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9153 of 2019 Applicant :- Kamil Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Srivastava,Devraj Pathak,Diwakar Tiwari,Haya Rizvi,Saksham Srivastava Counsel for Opposite Party :- G.A.,R K R Sharma,Rajesh Kumar Roy Sharma Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. There was love affair in between co-accused Mohsim and victim. Though, he is the cousin of co-accused, he has been wrongly involved in the case. There is a likelihood that the trial will be concluded in the near future. He is languishing in jail from 25.05.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra, learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail and submitted that the applicant is named in F.I.R. The statement of witness under Section 161 and 164 Cr.P.C. supports the contents of F.I.R. After 7 days of occurrence, if in medical examination spermatozoa is not found then in that case it will not be conclusive proof that rape has not been committed.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application of applicant- Kamil involved in Case Crime No. 306 of 2018, under Sections 376D, 328, 323, 506, I.P.C., P.S.- Iglas, District-Aligarh is hereby rejected at this stage.
It is directed to the trial court to decide the case expeditiously without granting any unnecessary adjournment and in accordance with provision of Section 309 Cr.P.C., if there is no legal impediment.
A copy of this order be transmitted to the Court concerned for necessary compliance.
Order Date :- 21.11.2019/Israr