Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34864 of 2016 Applicant :- Janeshwar Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Mishra,Atul Srivastava,Pramod Kumar Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the applicant and Shri S.S. Tiwari, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant-Janeshwar, who is involved in Case Crime No. 108 of 2016, under Section 354A(1), 376, 506 IPC and 3(a)/4 of the Protection of Children from Sexual Offences Act, Police Station Bisrakh, district Gautam Budh Nagar, is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to enmity over flowing of drainage water. It is further submitted by the learned counsel for the applicant that according to medical report, there is no injury on the private part of the victim. Learned counsel for the applicant also contended that in her statement under Section 164 Cr.P.C., the victim has stated that Kajal has also seen the incident, but the investigating officer has not examined Kajal. Learned counsel also submitted that the applicant took the victim with the permission of her father. The applicant is languishing in jail since 02.4.2016 and, therefore, the applicant is entitled to be released on bail.
Per contra, learned A.G.A. has opposed the prayer for bail and submitted that victim, who was 9 years old innocent girl was taken away by the applicant while she was sitting in front of her house and applicant has put his penis in her mouth. It is also submitted by the learned A.G.A that the victim in her statements under Section 161 and 164 Cr.P.C. has fully supported the prosecution version and stated that applicant took her to his house on his shoulder and put her penis in her mouth Learned A.G.A. argued that such types of act with a minor child creates an atmosphere of fear, which is universally abhorred by the society. It demands just punishment from the Court and to such a demand , the Courts of law are bound to respond within the legal parameters. It is also submitted that period of detention is also not so prolonged, which by itself may be made the basis to release the applicant on bail.
Having considered the submissions of the parties, nature and gravity of the accusation, severity of the punishment and the manner in which it was committed, I am not inclined to release the applicant on bail.
The bail application is accordingly rejected.
However, considering the facts and circumstances of the case, the trial court is directed to make an endeavour to conclude the trial expeditiously, preferably within a period of four months from the date of production of a certified copy of this order without granting unnecessary adjournment to either of the parties.
Order Date :- 30.5.2019 Ishrat