Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20839 of 2016 Applicant :- Mudassir Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunder Singh,Syed Mushfiq Ali Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Sunder Singh, learned counsel for the applicant and Sri I.P. Srivastava, learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the prosecurix is the real niece of the applicant and the applicant is not named in the FIR nor in the statement of the prosecutrix under Section 164 Cr.P.C. It has been next contended that during the course of trial the victim girl appeared before the trial court and she refused to identify the applicant. It has been further contended that on account of some dispute between the applicant and father of the victim girl with respect to partition of property, he has been implicated in the present case. The applicant is in jail since 11.4.2016.
Learned A.G.A. have vehemently opposed the prayer for bail and submitted that the victim is aged about 5 years and it appears that during the course of the trial because of the fact that the victim happens to be the relative of the applicant she did not identify him but medical report of the victims specifies that she has suffered injuries on his private parts.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Mudassir involved in Case Crime No. 128 of 2016 under Section 363 and 376 I.P.C. and Section 6 of Protection of Children from Sexual Offence Act, 2012, police station Bhojpur, District Ghaziabad.
Accordingly, the bail application is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of four months from the date of production of a certified copy of this order, if, there is no legal impediment.
Order Date :- 28.2.2018/Deepika