Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33012 of 2019 Applicant :- Bal Chandra Ahirwar Opposite Party :- State Of U.P. Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Hitesh Pachori, learned counsel for the applicant and learned A.G.A. for the State.
2. This application for bail has been filed by applicant- Bal Chandra Ahirwar for his enlargement on bail in Case Crime No.
127 of 2017 under Sections 342, 359 I.P.C. and 3/4 & 17 Protection of Children from Sexual Offences Act, P.S.-Kotwali, District-Jhansi, during the pendency of the trial in the above mentioned case crime number.
3. At the very outset, learned counsel for the applicant submits that due to inadvertence, the prosecutrix has not been impleaded as opposite party no.2 in the present bail application. He therefore submits that he be permitted to implead the prosecutrix Kajal, as opposite party no.2 in the present bail application.
4. Prayer made for is bonafide. Accordingly the same is allowed.
5. Let prosecutrix-Kajal be impleaded in the present bail application as opposite party no.2
6. Notice on behalf of the opposite party no.1 has been accepted by the learned A.G.A.
7. Issue notice to the opposite party no.2 through C.J.M. concerned as well as by Registered Post. Steps be taken within three days.
8. All the opposite parties may file their respective counter affidavits within a period of three weeks.
9. Put up this case as a fresh case on 25.09.2019 before the appropriate Bench.
10. Assignment, if any stands discharged.
11. Learned counsel for the applicant has pointed out an order of this Court dated 02.08.2019 whereby co-accused Raja @ Raj Ahirwar has been enlarged on bail. However, the said order does not record the satisfaction that the age of the prosecutrix is above 16 years on the basis of High School Certificate of the prosecution or any other documents while passing the said order.
Order Date :- 26.8.2019 YK