Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50576 of 2017 Applicant :- Kailash Prajapati Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Kumar Singh Rajawat,Shiv Bahadur Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, FI.R. was lodged against the applicant alleging that on 24.7.2016 he raped twelve years minor girl of the complainant on gun point, hence she became pregnant. According to medical report, the age of the prosecutrix was found 12 years of old. The prosecutrix supported the prosecution case by statements recorded under Sections 161 Cr. P.C. and 164 Cr.P.C. Hymen was found fractured.
Learned counsel for the applicant submitted that there are major contradictions between the statements and medical evidence. The applicant is languishing in jail since 2.8.2016 (more than three years and three months) having no criminal history. Due to heavy load work in the trial court, there is no possibility to get this case decided in near future. The applicant has been falsely implicated in this case. In case he is released on bail, he will not misuse the liberty of bail and co-operate in trial. No definite opinion about rape was given by the Doctor and no injury was found on the body of the prosecutrix and final opinion could be given after D.N.A. report.
Learned A.G.A. opposed the prayer of bail and submitted that 12 years girl was raped by the applicant and she became pregnant and D.N.A. report is awaited. Hymen was found fractured. Therefore, his bail application is liable to be rejected.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without entering into 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 the applicant in Case Crime No. 180 of 2016, under Sections 313, 376, 506 I.P.C. and Section 3 (2)(5) of SC/ST Act and Section 4 of POCSO Act, Police Station Raksa, District Jhansi is hereby rejected at this stage.
It is expected from the trial court to decide the case of the applicant expeditiously according to Section 309 Cr.P.C. on day to day basis.
D.M. & S.P./S.S.P,- Jhansi are directed to ensure the presence of the witnesses summoned before the court below. The learned District Judge, Jhansi is also directed to monitor the case on monthly basis in the Monitoring Cell.
The court concerned is also 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.
Office is directed to send a copy of this order to the court concerned immediately for compliance.
Order Date :- 31.5.2019 OP