Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26970 of 2019 Applicant :- Arif Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.,Gyan Chandra Yadav
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned AGA for the State.
By means of this application, the applicant who is involved in case crime no. 70 of 2019, under Sections 376, 511 IPC, and 3/4 Protection of Children from Sexual Offences Act (POCSO), P.S. Parikchhitagarh, District Meerut, is seeking enlargement on bail during the trial.
Considering the fact that the prosecutrix is a minor girl aged about 07 years and she was subject matter of sexual assault by the applicant. As per the statements under Sections 161 & 164 Cr.P.C., though there inconsistent in 161 and 164 Cr.P.C. but that would not change entire texture of the case, this fact coupled with the fact that her medical examination report which clearly indicative of the fact that she was subject matter of ravishing by none other than applicant himself. I do not find any good reason to interfere, the bail application is hereby rejected.
However considering the peculiar facts and circumstances of the case the trial court is directed to conclude the trial of the applicant within a period of one year provided the applicant render fullest cooperation in early conclusion of the trial.
Subject to aforesaid direction, this application is disposed of.
Order Date :- 21.8.2019 Abhishek Sri.