Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57164 of 2019 Applicant :- Mohatram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Dhiraj Kumar Pandey, learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 188 of 2019, under Section 376 IPC and Section 3/4 POCSO Act, Police Station Rampur Maniharan, District Saharanpur, during pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. As per the first information report, which was lodged by the informant (wife of the applicant) with the allegation that her daughter was raped by her father, the applicant. It is lastly contended that the applicant has no other criminal history. He is in jail since 29.06.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.
Learned A.G.A. opposed the prayer for bail and submitted that the first information version has been corroborated and affirmed in the statement of the victim recorded under Sections 161 and 164 Cr.P.C. before the Magistrate. He further submitted that it is also on the record that age of the victim is 14 years and she is subjected to sexual assault as per Section 3/4 POCSO Act, hence, the bail application of the applicant, is liable to be rejected.
Considering the facts and circumstances of this case and after perusal of the record and complicity of the accused, without expressing any opinion on the merits of the case I am of the view this is not a fit case for bail so that the bail application is rejected.
However, the trail court is directed to expedite the trial & make an endeavour to conclude it preferably, strictly in compliance of Section 309 Cr.P.C., subject to any legal impediment.
Order Date :- 28.10.2021 Noman