Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15236 of 2019 Applicant :- Karan @ Kallector Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Arvind Kumar,A.K. Srivastava,Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and learned AGA for the State.
Submission of learned counsel for the applicant is that applicant is innocent and has not committed the present offence. Initially after rejection of the bail application, an appeal was preferred but the same was treated as regular bail. It is next contended that victim girl has changed her version stage to stage. Although FIR is lodged against the present applicant but victim changed her version. It is further submitted that age of the victim is determined in the radiological report as 12 to 14 years. There is no evidence to establish the pregnancy. Referring to the statement recorded under Section 164 Cr.P.C., it is further submitted that for the first time specific role was assigned to the present applicant. It is also submitted that victim girl stayed for many days along with accused at Badaun but no complaint was made. Victim is a consenting party. She went along with applicant taking jewellery and some currency amount. Referring to these facts it was submitted that victim went along with applicant at her own willing. Offence under Section 376 IPC is not made out in the present matter.
On the other hand, learned AGA opposed the prayer for bail.
Having regard to the facts and circumstance of the case, hearing the parties keeping in view the statement of victim recorded under Section 164 Cr.P.C. and other evidence along with on record without expressing any opinion on the merits of the case, I do not find it a fit case for bail.
Accordingly, the present bail applicant is rejected.
However, trial court is directed to conclude the trial expeditiously, preferrably on day to day basis within a period of six months from the date of production of certified copy of this order.
Copy of the order be sent to the court concerned within five days from today through FAX for compliance.
Order Date :- 29.4.2019 Sanjeet