Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26966 of 2019 Applicant :- Manoj Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Counter affidavit filed by learned AGA today which is taken on record. Heard learned counsel for the applicant and learned AGA for the State.
By means of this application, the applicant who is involved in case crime no. 975 of 2018, under Sections 376 and 506 IPC and Section 5/6 Protection of Children from Sexual Offences Act (POCSO), P.S. Sihani Gate, District Ghaziabad, is seeking enlargement on bail during the trial.
Considering the fact that the prosecutrix is a minor girl aged about 12 years and the applicant is real mama of the prosecutrix, keeping in view the relationship and the age of the prosecutrix that she is barely minor girl of 12 years and she was subject to rape by a near relatives. Besides the medical report which shows that there are dead spermatozoa seen in the slide, the applicant is not entitled to be enlarged on bail at this stage. The prayer for bail is refused. The application is hereby rejected.
However considering the peculiar facts and circumstances of the case the trial court is directed to conclude the trial of the applicant maximum within a period of one year provided the applicant render fullest cooperation in early conclusion the trial.
Subject to aforesaid direction, this application is disposed of.
Order Date :- 21.8.2019 Abhishek Sri.