Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33433 of 2016 Applicant :- Bhoju Bind Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastav Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard Sri Dhirendra Kumar Srivastav, learned counsel for the applicant and Sri A.N. Mulla, the learned A.G.A.
Learned counsel for the applicant has pressed bail on the premise that PW-1 and PW-2 have turned hostile, applicant is in jail since 15.6.2016, trial is not likely to be concluded in near future, he undertakes not to misuse the liberty, he be enlarged on bail.
Learned A.G.A has opposed the submission on the ground that the matter relates to the sexual assault, offence alleged is heinous, victim has supported the case in examination-in-chief, but turned hostile in cross- examination, wherein she even denied her statement under Section 164 CrPC, for ulterior motives, effect of hostility would be considered by the trial court at the appropriate stage.
Considering the rival contentions and the severity of the offence, am not inclined the enlarge the applicant on bail at this stage.
The bail of applicant- Bhoju Bind is rejected. Trial stands expedited.
Order Date :- 6.9.2018 N.S.Rathour