Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35021 of 2017 Applicant :- Aabad Opposite Party :- State Of U.P.
Counsel for Applicant :- Siya Ram Verma,Sachchida Nand Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and Smt. Ladlee Pandey, learned A.G.A. for the State and perused the record.
According to the prosecution case, the F.I.R. was lodged against the applicant alleging that on 23.8.2016, he forcibly raped prosecutrix age about 14 years in jwar field.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present. There is no independent witness against the applicant. Prosecutrix was major. According to counter affidavit, prosecutrix was major. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 24.8.2016 (more than two year and eight months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that according to medical report, prosecutrix aged about 15 years and according to F.I.R. prosecutrix was aged about 14 years. F.I.R. was lodged against the applicant only and main role was assigned. Bleeding was present at the time of examination and hymen was found old ruptured. Detention is no ground for granting bail. Trial is going on. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Aabad involved in Case Crime No. 319 of 2016, under Sections 376(2)(i) IPC and Section 3/4 Protection of Children from Sexual Offences Act, 2012, P.S. Babugarh, District Hapur is hereby rejected at this stage.
It is directed to the court concerned to decide the case expeditiously according to Section 309 Cr.P.C. District Judge, Kannauj is directed to monitor the case in the monthly meeting of Monitoring Cell.
S.S.P./S.P., Kannauj and District Magistrate, Kannauj are directed to ensure presence of witnesses summoned by the court concerned.
Office is directed to send a copy of this order through FAX, e-mail and speed post within five days from today to S.S.P./S.P., Kannauj & District Magistrate, Kannauj and court concerned for necessary compliance.
Order Date :- 26.4.2019 A. Singh