Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33477 of 2017 Applicant :- Durgesh Saroj Opposite Party :- State Of U.P.
Counsel for Applicant :- Zafar Abbas,Mohammad Iliyas Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Zafar Abbas & Sri Mohammad Iliyas, learned counsels for the applicant, Jyoti Bhushan, learned counsel appearing for the complainant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.111 of 2014, under Sections 376D, 377 IPC and 3/4 of POCSO Act, Police Station Saraimeer District Azamgarh, with the prayer to enlarge him on bail.
This is the second bail application on behalf of the applicant. The first one has been rejected by Hon. Mohammad. Tahir, J. by an order dated 27.7.2016 on merits.
Learned counsel for the applicant has contended that there was no allegation of commission of rape on the prosecutrix and the prosecutrix in her statement recorded under Section 161 Cr.P.C., has only stated that the applicant was present when the rape was being committed by other co- accused. The second bail application is being sought on the fresh ground that the statement of prosecutrix has been recorded in the trial.
Without expressing any opinion on the merits of the case, I do not find any fresh ground for grant of second bail, therefore, the instant second bail application is accordingly rejected.
However, the trial Court is directed to expedite the trial and conclude the same without granting unnecessary adjournment to either of the parties, on day to day basis, strictly in accordance with the provisions of Section 309(1) Cr.P.C., preferably within a period of six months from the date of production of a certified copy of the order.
Let a copy of this order be sent to concerned Court below for intimation and necessary compliance within a week.
Order Date :- 25.4.2018 Hasnain