Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27453 of 2016 Applicant :- Kalicharan Opposite Party :- State Of U.P.
Counsel for Applicant :- Uttar Kumar Goswami,Anup Kumar Upadhyay,Rakesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant-Kalicharan seeks bail in Case Crime No.553 of 2015, under Sections 363, 366, 376 I.P.C. and 3/4 & 5/6 of Immoral Body Traffic Act, Police Station Qwarasi, District Aligarh.
Having heard learned counsel for the applicant, learned A.G.A. for the State and perused the record, I find that the prosecutrix in her statement recorded under Section 164 Cr.P.C. has stated that sex racket was being run by one Sunita in a rented house where the prosecutrix was taken surreptitiously by the accused and then she was detained for several days and was raped by Dewar of Sunita and other persons. She has also stated in her statement recorded under Section 161 Cr.P.C. that sexual assault was committed on other girls also in the same house.
In the facts and circumstances of the case,I do not find any ground to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
However, considering the fact that applicant is languishing in jail since 14.07.2015, the trial court is directed to expedite the trial of aforesaid case and conclude the same in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of nine months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 22.1.2019 MN/-