Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33313 of 2016 Applicant :- Deepak @ Sani Opposite Party :- State Of U.P.
Counsel for Applicant :- Satish Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present bail application seeking bail in Case Crime No.935 of 2015 u/s 363,366,376,342,323,504,506,328 IPC and 3/4 POCSO Act PS Kotwali Mainpuri District Mainpuri.
Perusal of the record shows that the victim girl is minor aged about 15 years. She was also carrying pregnancy at the time of incident.
Moreover, looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment, no case for grant of any indulgence is made out.
Accordingly, the application for bail is rejected.
However, it is directed that the trial of the aforesaid case pending before the concerned court below be concluded expeditiously, as early as possible in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 29.3.2018 SP