Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21899 of 2016 Applicant :- Dharmendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjive Kumar Gupta,Adya Prasad Tewari,Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri R.S. Tripathi, learned counsel for the applicant, Sri Ashish Pandey, learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that the victim was a consenting party as it appears from her statement recorded under section 164 Cr.P.C. that they known to each other since long. The applicant is in jail since 25.1.2016.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the victim is a minor girl aged about 16 years as per the medical report and as per the F.I.R. aged about 15 years and in her statement recorded under section 164 Cr.P.C. she levelled specific allegation of rape against the applicant.
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 Dharmendra involved in Case Crime No. 14 of 2016 under section 376 I.P.C. and 3/4 POCSO Act, police station Gunnaour, District Budaun.
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 :- 28.3.2018 Shiraz