Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3959 of 2019 Applicant :- Mool Chandra Maurya @ Barati Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Rajesh Kumar Verma, counsel for the applicant and learned AGA for the State.
The present bail application has been filed by the applicant in Case Crime No. 08 of 2017, S.S.T. no. 28 of 2017, u/s 363, 366, 376, 504, 506 IPC and 3/4 POCSO Act, and 3(2)5, 3(2)5Ka SC/ST Act, P.S. Asothar, District Fatehpur with the prayer for enlarging him on bail.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in this case; the F.I.R. was lodged inordinate delay after four days for which no plausible explanation has been given by the prosecution; he further submitted that there are major contradictions in the statement of the victim recorded u/s 161 and 164 Cr.P.C. and the prosecution version of rape is not supported by the medical evidence, therefore, the applicant, who is in jail since 8.1.2017 may be enlarged on bail.
Per contra learned AGA opposed the prayer for bail and submitted that the victim is aged about 15 years as per the F.I.R. and medical examination based on radiological examination; in her statement u/s 164 Cr.P.C. she has consistently stated that the applicant had committed rape on her, therefore, the applicant is not entitled for bail.
Having heard learned counsel for the applicant, learned AGA for the State and considering the age of the victim, nature and gravity of offence, I do not find it to be a fit case for enlarging the applicant on bail. The bail application is, accordingly, rejected.
However, the trial court is directed to expedite the trial and conclude the same preferably within the period of nine months from the date of production of the certified copy of this order before the trial court.
Order Date :- 29.1.2019 Dhirendra/