Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15322 of 2018 Applicant :- Badshah Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Tiwari,Kunwar Rajan,Vikram Singh Counsel for Opposite Party :- G.A.
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. 0328 of 2017, under Sections 452, 363, 504, 376D IPC and 3/4 Protection of Children from Sexual Offences Act (POCSO), P.S. Ghoorpur, District Allahabad, is seeking enlargement on bail during the trial.
Considering the fact that the prosecutrix is a minor girl aged about 5- 10years and she in her statement recorded under Section 164 Cr.P.C. has fully supported the prosecution case as spelt out in the FIR. As per medical the doctor has examined her hymen, there is evidence of bleeding and fresh penetration over her private parts are present. I am not inclined to enlarge the applicant on bail. Learned counsel for the applicant states that all the witness of fact have been examined and they have turned hostile. It is extremely painful and sorry state of affairs when ignoring the physical, mental and psychological stage of poor young victim the parents have joined their hands and the law courts are mute spectator of the entire episode.
However this Court is extremely pained, the way the dignity and the honour of young girl has been sacrificed by the prosecution witnesses.The bail application of the applicant 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 expeditiously from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties.
Officer is directed to transmit the order of this Court to concern trial court at the earliest.
Order Date :- 25.4.2018 Abhishek Sri.