Allahabad High Court
Ashok Tripathi vs State Of U.P. on 16 December, 2020
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- BAIL No. - 9179 of 2020 Applicant :- Ashok Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kumar Pandey,Jai Narayan Mishra Counsel for Opposite Party :- G.A. Connected with Case :- BAIL No. - 8864 of 2020 Applicant :- Harikesh Vishwakarma Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Pandey Counsel for Opposite Party :- G.A Hon'ble Ramesh Sinha,J.
Heard Sri Krishna Kumar Pandey, Sri Jai Narayan Mishra and Sri Pradeep Kumar Pandey, learned counsel for the applicants, Ms. Farhat Zamal Siddiqui, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case only on account of the fact that the brother-in-law of the prosecutrix used to illegally realize the money from the persons who were employees in Sugar Mill and the petitioners are also the employees of the said Sugar Mill. He further argued that the F.I.R. was lodged after 23 days of the incident for which there is no plausible explanation. The incident has taken place in the broad day light but there is no eye witness of the incident.Though the allegation of rape has been levelled against the applicant but the medical examination report of the victim does not corroborate the same.The applicants have no criminal antecedents. The applicants are in jail since 8.9.2020.
Learned A.G.A. vehemently opposed the prayer for bail and submitted that the victim is a major girl aged about 21 years has been subjected to rape by the applicants and the victim in her statement under Section 164 Cr.P.C. has levelled categorical allegation of rape against the applicants. It is a case of gang rape and hymen of the prosecutrix was found torn.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicants-Ashok Tripathi & Harikesh Vishwakarma involved in Case Crime No.211 of 2020, under Sections 376D, 506 I.P.C.,Police Station Katara Bazar, District Gonda.
Accordingly, the bail application is rejected.
The trial Court is directed to expedite the trial of the aforesaid case and conclude the same within preferably within a further period of one year from the date of production of a copy of this order, if, there is no legal impediment.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 16.12.2020 NS