Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17527 of 2016 Applicant :- Arjun Opposite Party :- State Of U.P.
Counsel for Applicant :- Sipahi Lal Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri S.L. Shukla, learned counsel for the applicant, Sri Ashish Pandey, learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that the victim as per the medical report is aged about 17 years. She is an illiterate girl. Though in her statement recorded under section 164 Cr.P.C. she has levelled allegation of rape against the applicant but the same does not corroborate by her medical examination report. Moreover, the mother of the victim in her statement recorded before the trial court has not supported the prosecution case. The applicant is in jail since 3.9.2015. He may be released on bail.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the victim in her statement recorded under section 164 Cr.P.C. has levelled specific allegation of rape against the applicant and the trial is in progress Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Arjun involved in Case Crime No. 985 of 2015 under section 376, 506 I.P.C. and 3/4 POCSO Act, police stationVijay Nagar, District Ghaziabad.
Accordingly, the bail application is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of six months from the date of production of a certified copy of this order, if, there is no legal impediment.
Order Date :- 28.3.2018 Shiraz