Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4353 of 2019 Applicant :- Jai Bharat Opposite Party :- State of U.P.
Counsel for Applicant :- Shashi Prakash Misra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Supplementary rejoinder affidavit filed by learned counsel for the applicant and counter affidavit filed by learned AGA are taken on record.
The present bail application has been filed by the applicant in Case Crime No. 441 of 2018, under Sections 376, 506, 354A of IPC & 3/4 Prevention of Children from Sexual Offences Act, 2012, Police Station Dhanghata, District Sant Kabir Nagar with the prayer to enlarge the applicant on bail.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case. The First Information Report regarding alleged incident has been lodged after two months and eight days of the incident and that no explanation has been given regarding delay in FIR. It was further submitted that during trial, statement of prosecutrix has already been recorded and that she has not supported prosecution version. It was further submitted that applicant is aged 22 years and he is languishing in jail since 11.08.2018, having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and argued that victim girl is minor and in her statement recorded under Section 164 Cr.P.C., she has made clear allegations that applicant has committed rape upon her and that he also used to harass her whenever she used to go her school and has also threatened that if she disclosed the incident of rape to anyone, he would kill her. Victim girl is minor, aged 16 years. It was further stated that during trial PW-1 Saroja Devi, complainant of case, has supported prosecution version.
Considering the submissions of learned counsel for the parties, nature of allegations, gravity of offence and also considering fact that trial of the case is in progress and all attending facts and circumstances of case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application is hereby rejected.
However, keeping in view period of incarnation of applicant, learned trial court is directed to expedite the trial and to decide the same as early as possible.
Order Date :- 29.11.2019 Mohit