VJAY DHAKREY Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri A.B.L. Gaur, learned senior counsel assisted by Sri Arvind Agrawal for the applicant, the learned A.G.A. for the State and Sri Ajay Kumar Pandy holding brief of Sri Manish Yadav for the informant and perused the record.

(2.) This is a second bail application of the applicant in case crime No. 141/2013, under Sections 147, 148, 384, 342, 377, 452, 325, 427, 504, 506 I.P.C., police station South, District- Firozabad. The first Bail Application No. 2335 of 2014 was dismissed for non prosecution by Hon'ble Anil Kumar Sharma, J., who has since retired.

(3.) According to the prosecution case, five persons including the applicant had taken the victim by force and after physically assaulting him, three persons including the applicant are said to have sodomized the victim. The injury report of the victim Anurag Gupta (Lalla) reveals 15 injuries. Injury no. 15 discloses mucosal tear with fresh blood on 6 O'clock position of anal region. The injury no. 15 was referred for sperm detection and it appears that a supplementary report was obtained, which discloses that no spermatozoa was detected and consequently, doctor opined that sodomy was ruled out although at the bottom of the report, the said injury was alleged to have been caused by penetration of hard object.