Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19934 of 2016 Applicant :- Jai Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Daga Counsel for Opposite Party :- G.A.,F.N.Dubey
Hon'ble Ramesh Sinha,J.
Heard Sri Amit Daga, learned counsel for the applicant, Sri Ashish Pandey, learned A.G.A. for the State and perused the record. Sri F.N. Dubey, learned counsel for the complainant is not present even in the revised reading of the list.
It has been contended by the learned counsel for the applicant that the applicant and victim are related to each other as they are first cousin. The applicant has been falsely implicated in the present case. The applicant is in jail since 22.9.2015.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the victim is a minor girl aged about 11 year 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 Jai Prakash involved in Case Crime No. 158 of 2015 under section 376 I.P.C. and 3/4 POCSO Act, police station Bhorakalan, District Muzaffar Nagar.
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