Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3562 of 2018 Applicant :- Harindra Ram Opposite Party :- State Of U.P.
Counsel for Applicant :- Vidhya Shanker Tiwari,Awadesh Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Ms. Ladlee Pandey, learned AGA for the State and perused the record.
According to prosecution case, F.I.R. was lodged against the applicant alleging that Pooja (15 years of age), daughter of the complainant, was kidnapped on 25.9.2017. F.I.R. was lodged on 30.9.2017. She was recovered on 5.11.2017. Statements under Sections 161 & 164 Cr. P.C. were recorded in which she stated that she is 17 years of age and went with the applicant and applicant made sexual relation with her without her will and consent.
Learned counsel for the applicant submitted that applicant has been falsely implicated in this case. Prosecutrix went with the applicant but no sexual relation or harassment was done by the applicant. The applicant is languishing in jail since 5.11.2017 (more than one and half years) having no criminal history. There is no possibility to get this case decided in near future due to heavy load wok in the trial court. In case he is released on bail he will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that prosecutrix is a minor girl. The date of birth of the prosecutrix is 1.1.2000. She is below 18 years of age. Sexual relation with the prosecutrix was made without her will and consent. According to medical report, hymen was found torn. Hence, it is very clear that unmarried girl was raped by the applicant without marriage. He is not entitled for bail. Therefore, his bail application is liable to be rejected.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without entering into the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application is hereby rejected at this stage in Case Crime No. 0406 of 2017, Under Sections 363, 366, 376 I.P.C. and Section 3/4 of POCSO Act, Police Station Nagra, District Ballia.
It is expected from the trial court to decide the case of the applicant expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
D.M. & S.P./S.S.P,- Ballia are directed to ensure the presence of the witnesses summoned before the court below. The learned District Judge, Ballia is also directed to monitor the case on monthly basis in the Monitoring Cell.
Office is directed to send a copy of this order to the court concerned within three days for compliance.
Order Date :- 31.7.2019 OP