Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33021 of 2017 Applicant :- Naresh Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Singh,Muktesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This is the second bail application. The first bail application of the applicant was dismissed for want of prosecution.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submitted that due to husband the applicant has been falsely implicated in this case due to previous enmity. The applicant is languishing in jail since 12.6.2016 (about three years) having no criminal history. Due to heavy load work in the trial court, there is no possibility to get this case decided in near future. There is no independent witness against the applicant. In case he is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. opposed the prayer of bail and submitted that five years grandson of the complainant was sexually harassed in the field of sugarcane by the applicant. According to medical report, bleeding was found and he was become unconscious. This is an offence against children and is against the society. Therefore, his bail application is liable to be rejected.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without entering into the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application of the applicant in Case Crime No. 299 of 2016, under Section 377 I.P.C. and Section 4 of POCSO Act, Police Station Faridpur, District Bareilly is hereby rejected at this stage.
It is expected from the trial court to decide the case of the applicant expeditiously according to Section 309 Cr.P.C. on day to day basis.
D.M. & S.P./S.S.P,- Bareilly are directed to ensure the presence of the witnesses summoned before the court below. The learned District Judge, Bareilly is also directed to monitor the case on monthly basis in the Monitoring Cell.
The court concerned is also directed to send a detailed report after every three months showing the reason therein why the case is not being decided, which shall be kept on record.
Office is directed to send a copy of this order to the court concerned immediately for compliance.
Order Date :- 31.5.2019 OP