Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16996 of 2019 Applicant :- Channu @ Chandrasen Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Janam Shahi Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Ram Janam Shahi, learned counsel for the applicant, Sri Irshad Hussain, learned A.G.A. for the State and perused the record.
It has been contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case. The victim along with her father had voluntarily come to the house of applicant. The allegations levelled by the prosecutrix against the applicant in her statement recorded u/s 164 Cr.P.C are false and frivolous. The applicant is in jail since 28.6.2018.
Learned AGA opposed the prayer for bail and submitted that as per the statement of the prosecutrix recorded u/s 164 Cr.P.C., it is apparent that the applicant who is a Exhorsive (Tantrik) has exploited the victim and committed rape on her, hence he is not entitled for bail.
Without expressing any opinion on the merits of the case and considering the submissions advanced, I find that no good ground is made out for enlarging the applicant on bail.
The bail application of the applicant Channu @ Chandrasen, involved in case crime no.414 of 2018, u/s 376, 506 IPC and 3/4 POCSO Act, P.S. Tilhar, district Shahjahanpur is, accordingly, rejected.
However, the trial court is directed to expedite the trial and conclude the same preferably within the period of one year from the date of production of the certified copy of this order before the trial court, if there is no legal impediment.
The applicant is directed to produce the certified copy of this order before the trial court for it's compliance.
Order Date :- 29.5.2019 Gaurav