Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30494 of 2021 Applicant :- Anil Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tribhuwan Singh
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, Shri Virendra Kumar Maurya, learned Additional Government Advocate assisted by Mr. Rajmani Yadav, learned Brief holder, representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 278 of 2020, under Sections 376(3), 504 & 506 I.P.C. and 3/4(2) of Protection of Children from Sexual Offences Act, 2012 (POCSO Act), Police Station-Sikandra, District-Kanpur Dehat, during the pendency of trial.
As per the prosecution case in brief, informant, who is father of the victim, has lodged F.I.R. on 09.10.2020 regarding an incident of the same day against the applicant making allegation inter alia that on 09.10.2020 at about 10:30 O'clock, his minor daughter aged about 14 years was raped by the applicant.
The main substratum of argument of learned counsel for the applicant is that before the trial court complainant Kallu (father of the victim), victim and her mother Smt. Sarojani have been examined as P.W.-1, P.W.-2 and P.W.-3, but they have not supported the prosecution case in cross- examination. The applicant is languishing in jail since 09.10.2020 having no criminal history to his credit, therefore, considering the detention period of the applicant he should be released on bail.
Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the aforesaid prosecution witnesses in their examination-in-chief have supported the prosecution case making allegation of rape against the applicant and it appears that subsequently, they were won over from the side of accused, therefore, the prosecution witnesses tried to dilute the prosecution case in the cross-examination.
After having heard learned counsel for the parties, I find that three prosecution witnesses have been examined and trial is proceeding, therefore, considering the over all facts and circumstances of the case, I do not find any good ground to release the applicant on bail at this stage.
Accordingly, the application for bail of applicant is rejected.
However, the trial court is directed to make an endeavour to conclude the trial expeditiously without granting any unnecessary adjournment to either of the parties.
It is also made clear that the observation made herein above is confined to the issue of bail only and will not effect the merit of the trial.
Order Date :- 24.9.2021 Sunil Kr. Gupta Digitally signed by SANJAY KUMAR SINGH Date: 2021.09.24 16:51:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad