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HEMANT versus STATE OF U.P.

High Court of Judicature at Allahabad

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Hemant v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 2900 of 2006 [2006] RD-AH 7745 (17 April 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

                                                              Reserved

Criminal Misc. Bail Application No.  2900  of      2006

Hemant      ..........          ...............  .........              .....   ..                     Applicant

                                         Vs.

State of U.P.                           ...                        ...                     ...                   Opp. Party

                                                                .......................

Hon. G.P. Srivastva, J.

Heard learned counsel for the applicants and learned A.G.A.

It is alleged that the applicant committed rape upon a girl aged about 17 years when she was washing her clothe in the bath room. It is argued by the learned counsel for the applicant that the mother of the victim is in habit leveling  false charges against different people and in this connection produced photo copy of affidavit of five persons. In the affidavit it has been alleged that the mother of the victim in 1992 filed a false case of rape against five persons. The contention of the affidavit is inadmissible. Firstly because no document has been produced to prove that any  rape case was  filed by the mother of the victim against any person. Secondly if the mother of the victim was also subjected to rape which was not proved it does not mean that this case of rape is false. In my opinion the applicant does not deserve bail. The bail application is rejected.

Dt. 17.4.06

GNY


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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