Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49253 of 2018 Applicant :- Anil Opposite Party :- State Of U.P.
Counsel for Applicant :- Daya Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Anil, in Case Crime No.93 of 2018, under Sections 376, 452 IPC, and Section 5/6 POCSO Act, Police Station Surajpur, District Gautam Budh Nagar.
Heard Sri D.S. Pandey, learned counsel for the applicant and Sri J.B. Singh, learned AGA along with Sri Avanish Shukla, learned counsel appearing on behalf of the State.
The submission of the learned counsel for the applicant is that he has been falsely implicated on account of a monetary dispute with the parents of the child. The Court has been taken through the statement of the informant, who is the mother of the victim, the statement of the victim, who is a child of three years including the child's statement under Section 164 Cr.P.C., where too she has implicated the applicant, in words describing the offence, appropriate to her age.
Learned AGA has opposed the prayer for bail and has taken the Court through the statement of the child witness under Section 164 Cr.P.C., where she has in words appropriate to her age, clearly conveyed what had befallen her.
Considering the facts and circumstances of the case, the gravity of the offence, the nature of the allegations, the severity of punishment, and, in particular, the fact that the statement of the prosecutrix and her mother are consistent and the prosecutrix is a young child of three years, but without expressing any opinion on merits, this Court does not find it to be a fit case for bail at this stage.
The bail application, accordingly, stands rejected at this stage.
However, looking to the period of detention of the applicant, it is directed that trial pending before the concerned court be concluded expeditiously and preferably within six months from the date of receipt of a certified copy of this order in accordance with Section 309 Cr.P.C. and in view of principle laid down in the judgment of the Hon'ble Supreme Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court shall initiate necessary coercive measures for ensuring their presence.
Let a copy of the order be certified to the court concerned for strict compliance.
Order Date :- 20.12.2018 NSC