RAM DAYAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned AGA for the State and perused the record.

(2.) The contention of the learned counsel for the applicant is that the applicant is being falsely implicated in this case as the wife of the applicant Ram Dayal has lodged the FIR through application under Section 156(3) Cr.P.C. against the brother of the complainant namely Radhey which was registered as Case Crime No. 0165, under Sections 376, 452, 324 IPC, Police Station Dhaurahara, District Kheri. It is further contended that due to the aforesaid enmity, the applicant has been falsely made accused in this case. The medical opinion does not supports the prosecution version. It is next contended that as per the medical report, the duration of the burn is two to four days before. It is also stated that the medical was conducted on 20.10.2018 at about 03:15 pm whereas the occurrence is stated to have taken place on 19.10.2018, therefore, the applicant is entitled for bail. It is lastly submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

(3.) Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.