Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39832 of 2019 Applicant :- Jhabbu @ Sukhpal Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and Sri H.P. Gupta, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against the applicant alleging that on 19.3.2017 he raped and killed Madina aged about 8 years, (daughter of complainant). According to postmortem report, four injuries were found on body of deceased including private part and bleeding was found on her private part.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is no independent witness and no legal evidence against the applicant. Father's name of applicant was wrongly shown. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 30.5.2017 (near about two years and four months) having no criminal history and 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 submitted that applicant is single accused in this case. After investigation charge sheet was submitted against him. Applicant raped and killed 8 years minor girl. There is no chance of false implication. Trial is going on. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Jhabbu @ Sukhpal involved in Session Trial No. 326 of 2017 as well as Case Crime No. 145 of 2017, under Section 302 IPC, P.S. Ujhhani, District Budaun is hereby rejected at this stage.
It is directed to the court concerned to decide the case expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
S.S.P./S.P., Budaun and District Magistrate, Budaun are directed to ensure presence of witnesses on summoning before the court concerned.
Office is directed to send a copy of this order through FAX, e-mail and speed post within three days from today to S.S.P./S.P., Budaun & District Magistrate, Budaun and court concerned for necessary compliance.
The court concerned is directed to send a detailed report after every three months showing the reason therein why the case is not being decided, which shall be kept on record.
Order Date :- 26.9.2019//A. Singh