Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47279 of 2017 Applicant :- Omprakash @ Chhotu Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present second bail application seeking bail in Case Crime No. 136 of 2016, under Sections 363, 366, 376(2) I.P.C. and section 6 POCSO Act, P.S. Girwan, District Banda. The first bail application of the applicant was rejected vide order of this Court dated 7.4.2017 passed in crl. misc. bail application no. 9579 of 2017.
I have perused the prosecution story as set up in the F.I.R. and also the first bail rejection order by this Court.
Perusal of the record shows that no subsequent development or any new ground has been brought on record.
Moreover, looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment, no case for grant of any indulgence is made out.
Accordingly, the application for bail is rejected.
However, it is directed that the trial of the aforesaid case pending before the concerned court below be concluded expeditiously, as early as possible in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 29.3.2018 Kuldeep