Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26972 of 2019 Applicant :- Akhilesh Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashok Kumar Singh Yadav Counsel for Opposite Party :- G.A.,Kuwar Ritesh Kumar
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in case crime no.64 of 2019, under Section 376 IPC and Section 3/4 of POCSO Act, Police Station-Jangipur, District-Ghazipur is seeking enlargement on bail during the trial.
Submission made by learned counsel for the applicant is that the applicant is named in the FIR. The victim herself lodged the FIR against the applicant.
I have perused the contents of the FIR as well as 164 Cr.P.C. statement of the victim. As per High School Certificate, the age of the victim is 16 years. As per the story narrated in the FIR or in 164 Cr.P.C. statement, nothing is coming out either from the statement or her conduct that the victim is the consenting party. She has named the applicant for outraging her modesty.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has not made out a fit case for bail.
Accordingly, the present application stands rejected.
However, learned trial Court is directed to gear up the matter and make necessary endeavour to conclude the trial by December, 2020 positively strictly in accordance with law without giving unnecessary adjournments to either of the parties.
Order Date :- 25.7.2019 Sumit S