KILKOTI Vs. STATE OF U P

JUDGEMENT

(1.) This bail application has been moved on behalf of the applicant Kilkoti who is involved in case crime No. 52 of 2012 under sections 376, 506 IPC P.S. Barua Sagar, District Jhansi.

(2.) Heard learned counsel for the parties and perused the records.

(3.) It has been submitted from the side of the applicant that the applicant is in jail since 23.7.2012. It has further been submitted that the applicant is innocent and has committed no offence. It has also been submitted that due to village politics he has been falsely implicated in this case. It has further been submitted that the prosecution version does not find support by the medical evidence. It has also been submitted that trial is on in the lower Court and three witnesses of facts including the prosecutrix have turned hostile as is clear from the bail rejection order of the learned lower Court. It has further been pointed out that a certified copy of the statement of the prosecutrix of the case recorded under section 231 Cr.P.C. has been filed and from perusal of such statement it is evident that she could not recognize the person who committed rape upon her and she has further stated that the applicant did not sexually assault her. It has also been submitted that the prosecutrix is a rustic woman of the village and she knew the applicant since before the alleged incident and filing a typed written complaint before S.S.P. Jhansi is indicative of unfairness in the entire matter.