SANTOSH RAI Vs. STATE OF U P

JUDGEMENT

(1.) R. C. Deepak, J. Heard Mr. V. C. Tiwari, learned Senior Counsel assisted by Mr. Manish Tiwari, learned Counsel for the applicants, appellants-accused, Mr. S. K. Mishra, learned Counsel for the complainant, learned A. G. A. at length and perused the bail application.

(2.) LEARNED Counsel for the applicants, appellants-accused has argued that the name and address of the scribe of the First Information Report have not been mentioned therein and that none as the scribe of the First Information Report was produced as one of the prosecution witness. He has further argued that the present application is the 4th bail application. The first and 3rd bail applications having been rejected on merit by the Court vide its order dated 20-9-1999 and 19-1-2001 respectively and the second bail application having been dismissed vide its order dated 21-8-2000 on the ground that none put in appearance on behalf of the applicants-appellants-accused to press the same. He has further argued in this connection that the applicants-appellants-accused are students and that they are of tender age. That there is no evidence to prove the offence of rape alleged to have been committed by them, that the appeal has not got been listed on the priority basis despite the order of this Court dated 20-9-1999 and that it can not be said with any amount of certainty that the appeal will be heard within the period of one-two years.

(3.) WITHOUT making any comments whatsoever on the arguments advanced by the learned Counsel for the parties I allow the present bail application and grant the bail to the applicants, appellants-accused.