Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26838 of 2019 Applicant :- Narendra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pankaj Dwivedi Counsel for Opposite Party :- G.A.,Manoj Kumar Mishra
Hon'ble Rahul Chaturvedi,J.
Heard Sri Pankaj Dwivedi, learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in case crime no. 288 of 2019, under Section 376 IPC and Section 3/4 of POCSO Act, Police Station-Etmaddaula, District- Agra, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the FIR was registered by mother of the victim on 29.04.2019 against the applicant. According to medical report, the age of the girl is five years and the applicant is accused of fingering in her private part. During course of investigation the statement of victim under Section 161 Cr.P.C. was recorded in which she has assigned specific role of applicant for committing the aforesaid crime. The statements of the witnesses and statement of complainant recorded during course of investigation in which they have fully corroborated the prosecution version. The applicant is in jail since 29.04.2018.
I have perused the statement of the victim recorded under Section 161 Cr.P.C, statements of witnesses and the mother of the victim (first informant) recorded under Section 161 Cr.P.C. which clearly shows that the applicant has committed aforesaid crime upon her and they have fully supported the prosecution case.
Keeping in view the complicity of the applicant in the commission of crime and submissions of the learned counsel for the parties, I am of the view that the applicant has not made out a case for bail.
Accordingly, the present application stands rejected.
However, learned trial Court is directed to gear up the matter and would make all the necessary efforts to conclude the same within 31st March, 2020 from the date of production of certified copy of this order. Provided defence would render necessary assistance in early conclusion of trial.
Learned counsel for the applicant undertakes that the defence would render all necessary cooperation in the early conclusion of trial.
Order Date :- 30.9.2019 v.k.updh.