Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8215 of 2019 Applicant :- Deepak Jaiswal Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Santosh Kumar Singh, learned counsel for the applicant and Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to the prosecution case, the F.I.R. was lodged against the applicant alleging that on 27.1.2016, he raped Rani aged about seven years (daughter of complainant) and killed her.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present due to previous enmity. There is no independent witness and no legal evidence. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 27.1.2016 (more than three year and one month) having no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that applicant raped and killed her. Dead body of deceased was found in naked position. According to postmortem report, eight injuries were found on the body of deceased. Hymen of the deceased was found torn and bleeding was found on the private part of deceased. Hence he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Deepak Jaiswal involved in Special Session Trial No. 12 of 2016 (State Vs. Keepak Jaiswal) arising out of Case Crime No. 266 of 2016, under Sections 376, 302, 201 IPC and Section 3/4 POCSO Act & Section 7 Criminal Law Amendment Act, P.S. Madiyahun, District Jaunpur is hereby rejected.
Order Date :- 26.2.2019 A. Singh