Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28506 of 2017 Applicant :- Majhar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
This bail application has been filed for seeking bail in Case Crime No.776 of 2016, under Sections 376, 506 IPC and Section 3/4 of Pocso Act, P.S. Dachir Tola, District Mau.
On 26.04.2019, following order was passed:-
"Learned counsel for the applicant submitted that applicant is languishing in jail since 25.5.2016 (more than two year and eleven months).
Call for status report in Case Crime No. 776 of 2016, under Sections 376, 506 IPC and Section 3/4 POCSO Act, Police Station Dachir Tola, District Mau from the court concerned through learned District Judge, Mau about the present position/status of present case. Report be submitted through learned District Judge on or before 19.7.2019.
It is expected from the court concerned to decide the case expeditiously according to Section 309 Cr.P.C. District Judge, Mau is directed to monitor the case in the monthly meeting of Monitoring Cell.
List in the week commencing 22.7.2019.
S.S.P./S.P., Mau and District Magistrate, Mau are directed to ensure presence of witnesses summoned by 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., Mau & District Magistrate, Mau and court concerned for necessary compliance."
Thereafter, on 31.07,2019, the Court passed following order:-
"On 26th April, 2019, following order was passed:
"Learned counsel for the applicant submitted that applicant is languishing in jail since 25.5.2016 (more than two year and eleven months).
Call for status report in Case Crime No. 776 of 2016, under Sections 376, 506 IPC and Section 3/4 POCSO Act, Police Station Dachir Tola, District Mau from the court concerned through learned District Judge, Mau about the present position/status of present case. Report be submitted through learned District Judge on or before 19.7.2019.
It is expected from the court concerned to decide the case expeditiously according to Section 309 Cr.P.C. District Judge, Mau is directed to monitor the case in the monthly meeting of Monitoring Cell.
S.S.P./S.P., Mau and District Magistrate, Mau are directed to ensure presence of witnesses summoned by 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., Mau & District Magistrate, Mau and court concerned for necessary compliance."
The office has submitted report that a letter has been sent to the District Judge, Mau in compliance of the order dated 26th April, 2019. It is not disclosed as to when the letter was sent to the District Judge and no report has been submitted by the court concerned.
In view of the above, let this matter be listed again on 21st August, 2019. In the meantime, report shall be called from the District Judge concerned in the light of the order dated 26th April, 2019. The information shall be sent to the court concerned through fax."
Pursuant to the order dated 31.07.2019, the Additional Sessions Judge, Court No.1, Mau has submitted a report. It appears that the report was submitted earlier but has been placed now. In this report dated 25.05.2019, it has been stated that the trial has begun and statement of five witnesses out of a total of seven witnesses mentioned in the charge sheet have already been recorded including the statement of the victim.
Even in the revised call, no one has appeared on behalf of the applicant to press the bail application. The bail application is accordingly rejected.
Order Date :- 21.8.2019 AKShukla/-