Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23857 of 2016 Applicant :- Daulat Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Yadav,Pankaj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Mohammad Imran, learned counsel for the applicant, Sri Gambhir Singh learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case and he is in jail since 02.05.2016 and trial has not yet been concluded. It is submitted that the minor girl is aged 13 years as per the F.I.R. and according to medical report 13 to 16 years. He further stated that as per the statement under Section 161 Cr.P.C. she has levelled allegation of rape against the applicant.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the trial is in progress.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Daulat involved in Case Crime No. 402 of 2016, under Sections 363, 366, 376 I.P.C. & 3/4 Protection of Children from Sexual Offences Act, P.S. Katghar, District Moradabad.
Accordingly, the bail application is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of six months from the date of production of a certified copy of this order, if, there is no legal impediment.
Applicant is directed to produce a certified copy of this order before the trial Court concerned for its compliance.
Order Date :- 7.9.2018 M/A.