Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26716 of 2018 Applicant :- Dauji Opposite Party :- State Of U.P.
Counsel for Applicant :- Manmohan Sachdeva,Ramanuj Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ramanuj Tripathi, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant-Dauji seeks bail in Case Crime No.760 of 2017, under Sections 376 I.P.C. and 3/4 of The Protection of Children from Sexual Offences Act, Police Station Quarsi, District Aligarh.
It has been argued by the learned counsel for the applicant that the applicant has been falsely roped in the present case by the first informant on account of village party fraction. It is argued that independent witnesses of fact have stated that prosecutrix was having love affair with the applicant. The prosecution version of rape is not supported by the medical evidence. Thus the applicant, who is in jail since 01.06.2017, may be enlarged on bail during trial.
Per contra, learned A.G.A. has vehemently opposed the prayer for the bail and submitted that the prosecutrix was less than 18 years of age and in her statement recorded under Section 164 Cr.P.C., she has squarely levelled allegation of gang-rape committed by the applicant and co-accused which also finds support from the medical report of the victim. Therefore, the applicant is not entitled to be released on bail.
In the facts and circumstances of the case,I do not find any ground to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
However, considering the fact that applicant is languishing in jail since 01.06.2017 and the matter relates to rape on a young girl, therefore, it is expedient that such type of sensitive matter be decided at the earliest possible. In view of the aforesaid, the trial court is directed to expedite the trial of aforesaid case and conclude the same in consonance with provisions of Section 309 Cr.P.C. without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment. The trial court is further directed to take stern, strict and coercive measures to secure and procure the presence of witnesses, if they are not turning up in the trial.
The office is directed to communicate a copy of this order to the trial court concerned within 72 hours for ensuring its compliance.
Order Date :- 31.7.2018 MN/-