Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24962 of 2016 Applicant :- Devesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajendra Pal Singh,Jai Narain Counsel for Opposite Party :- G.A.,Ranjeet Singh Hon'ble Ramesh Sinha,J.
Heard Sri Mrityunjay Dwivedi, learned counsel for the applicant, Sri Ranjeet Singh, learned counsel for the complainant, Sri G.P.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 is innocent and has been falsely implicated in the present case. He further submits that the victim in her statement recorded under Section 164 Cr.P.C. has stated that she did not know the applicant from prior to the incident. The allegation levelled against the applicant is absolutely false, frivolous and baseless. The applicant has not criminal antecedents. He next argued that the applicant is languishing in jail since 28.12.2015 and the trial has not yet been concluded.
Learned counsel for the complainant as well as learned A.G.A. have vehemently opposed the prayer for bail and submitted that victim in her statement under Section 64 Cr.P.C. has levelled allegation against the applicant and the victim has received as many as 14 injuries on her person, hence, involvement of the applicant in the present case cannot be ruled.
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-Devesh Kumar involved in Case Crime No.386 of 2015, under Sections 376, 511, 307 I.P.C. and 4/8 POCSO Act, Police Station Akrabad, District Aligarh.
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.
Order Date :- 26.10.2018/NS