Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42355 of 2017 Applicant :- Aashu Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Kumar,Mohammad Faisal Khan Counsel for Opposite Party :- G.A.,Firoz Haider
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged in Case Crime No. 196 of 2017, under Sections 363, 366, 376 I.P.C. and Section 3/4 of POCSO Act, Police Station New Mandi, District Muzaffarnagar against three accused persons, namely, Aashu, Sonu and Smt. Imrana alleging that on 25.1.2017 they kidnapped the prosecutrix, who was fifteen years of age,and later on raped her. After investigation, charge sheet was submitted against the applicant only and other persons were exonerated. According to medical report, hymen was found old, torn and healed.
Learned counsel for the applicant submitted that she was consenting party. Statement of the prosecutrix was recorded under Section 161 Cr.P.C. in which she has stated nothing against the applicant and after thought she stated against the applicant under Section 164 Cr.P.C. There is no medical support about the rape because no injury was found on the body of the prosecutrix except hymen was found old, torn and healed. The applicant is languishing in jail since 28.1.2017 (one year and three months) having no criminal history. Due to heavy workload, there is no possibility to get this case decided in near future. The applicant has been falsely implicated in this case and in case he is released on bail, he will not misuse the liberty of bail and co-operate with trial.
Learned A.G.A. submitted that prosecutrix is fifteen years of age. She was kidnapped and raped by the applicant without marriage. According to medical report, hymen was found old, torn and healed. Prima facie, rape was done by the applicant. Therefore, the bail application is liable to be rejected.
Considering the submission 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 is hereby rejected at this stage.
It is expected from the trial court to decide the case of the applicant expeditiously according to Section 309 Cr.P.C. on day to day basis.
D.M. & S.P./S.S.P,- Muzaffar Nagar are directed to ensure the presence of the witnesses summoned before the court below. The learned District Judge, Muzaffar Nagar is also directed to monitor the case on monthly basis in the Monitoring Cell.
Let a copy of this order be sent to the court concerned for compliance and necessary action.
Order Date :- 30.4.2019/OP