Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43261 of 2020 Applicant :- Jitendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 0060 of 2019, under Sections 302, 376 I.P.C. and 3/4 Protection of Children from Sexual Offences Act, 2012, Police Station-Oncha, District-Mainpuri during the pendency of trial.
As per the prosecution case in brief, informant Sardesh Kumar lodged F.I.R. on 17.04.2019 regarding an incident which took place on 16.04.2019, under Sections 376, 302 I.P.C. and 3/4 POCSO Act against unknown person alleging inter alia that on 16.04.2019 at about 6:30 O'clock, his daughter aged about 11 years had gone to attend call of nature, but after a long time she did not return back. Thereafter, her dead body was found in the field of one Bunty. On seeing her dead body it was found that she was murdered after committing rape by someone.
The main substratum of argument of learned counsel for the applicant is that applicant is not named in the F.I.R. His complicity came into light during the investigation of the case along with co-accused Veer Singh. It is also pointed out that in the trial of the applicant, the informant and his bhabhi have been examined as PW-1 and PW-2. Lastly, it is submitted that the applicant has been falsely implicated in this case and he is in jail since 18.04.2019, therefore, he should be enlarged on bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the complicity of applicant and co- accused Veer Singh came into light during investigation and the bail application of the co-accused Veer Singh has been rejected by the co-ordinate Bench of this Court vide order dated 17.12.2019 in Criminal Misc. Bail Application No. 55224 of 2019. Victim was aged about 11 years and the offence is heinous in nature, therefore, applicant is not entitled to be released on bail.
After having heard learned counsel for the applicant as well as learned A.G.A., I find that bail application of co-accused Veer Singh has been rejected by the co-ordinate Bench of this Court. The offence is heinous in nature. There is no material on record to presume that the applicant has been falsely implicated in this case. The trial is proceeding as two prosecution witnesses have been examined as PW-1 and PW-2, therefore, I do not find any good ground to release the applicant on bail at this stage.
Accordingly, the bail application of the applicant is rejected.
However, the trial court is directed to make an endeavour to conclude the trial expeditiously, if possible, preferably within one year from the date of production of copy of this order, without granting any unnecessary adjournment to either of the parties, if there is no legal impediment.
Office shall communicate this order to the informant as well as concerned court below within two weeks.
Order Date :- 28.7.2021 Sunil Kr. Gupta Digitally signed by Justice Sanjay Kumar Singh Date: 2021.07.28 18:19:17 IST Reason: Document Owner Location: High Court of Judicature at Allahabad