BAL RAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE first bail application was rejected by this Court on 10.04.2008. This is a second bail application. Heard the learned counsel for the applicant, learned A.G.A. and perused record. THE applicant is involved in Case Crime No.197 of 2007, under Sections 363, 366, 376, 511 I.P.C. & Section 3 (1) U.P. Gangster Act, Police Station Tarun, District Faizabad. As a new ground it is submitted that the prosecutrix has been examined in the court below and she has not named the applicant. THE trial has already started and the prosecutrix has been examined at this stage it would not be proper to make any assessment of the ocular evidence, lest it may affect the final outcome. THE bail is vehemently opposed by the learned A.G.A. THE points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances, without entering into the merits of the case, I regret in not finding it to be a fit case for granting bail. Hence it is rejected at this stage.