Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24849 of 2020 Applicant :- Matha @ Chhotu @ Vishal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Shukla Counsel for Opposite Party :- G.A.,Pankaj Kumar Mishra
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A.
By means of this application, the applicant who is involved in case crime no.718 of 2019, under Section 376 of IPC and Section 3/4 of POCSO Act, Police Station-Kotwali, District- Etawah, is seeking enlargement on bail during the trial.
Submission made by learned counsel for the applicant is that the applicant is named in the present FIR lodged by the victim herself under section 354-A IPC and other allied sections. The age of the victim is 14-15 years. It is contended that as per story of the FIR, there was only allegation of teasing by the applicant. The 161 Cr.P.C. statement of the victim is almost similar to the version of the FIR but statement of the doctor and 164 Cr.P.C. statement of the victim, she has accused the applicant for committing rape upon her. The medical report supports the version of the allegation of rape upon her. Taking into account the entire facts and circumstances of the case, I am not inclined to exercise my discretionary power in favour of the applicant.
Under the circumstances, I do not find any good reason to grant indulgence in favour of the applicant.
Thus, the bail application stands rejected.
It is given to understand that the trial is proceeding, hence, it is expected that the trial court would gear up the matter and would make necessary endeavour to conclude the trial as early as possible preferably within a period of one year from the date of production of certified copy of this order.
Order Date :- 6.4.2021 Sumit S