Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18536 of 2016 Applicant :- Pawan Kumar Gaur Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Alam,Mamta Singh,Praveen Kumar Giri Counsel for Opposite Party :- G.A.,Nehal Beg
Hon'ble Ramesh Sinha,J.
Heard Ms. Mamta Singh, learned counsel for the applicant, Sri Jitendra Singh, learned A.G.A. for the State and perused the record.
Sri Nehal Beg, learned counsel for the complainant is not present though the matter has been called out in the revised list.
It has been contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case. Though allegation of rape has been levelled against the applicant in the statement of the prosecutrix recorded u/s 164 Cr.P.C but the same does not corroborate her medical report. The applicant is in jail since 28.12.2015.
Learned AGA opposed the prayer for bail and submitted that the victim is a minor girl between 13 to 16 years. She in her statement u/s 164 Cr.P.C. has levelled allegation of rape against the applicant. As per her medical report it is evident that her hymen was found to be ruptured.
Without expressing any opinion on the merits of the case and considering the submissions advanced, I find that no good ground is made out for enlarging the applicant on bail.
The bail application of the applicant Pawan Kumar Gaur, involved in case crime no.478 of 2016, special Case No.27 of 2016, u/s 376 IPC and 3/4 POCSO Act, P.S. Kotwali, district Azamgarh is, accordingly, rejected.
However, the trial court is directed to expedite the trial and conclude the same preferably within the period of six months from the date of production of the certified copy of this order before the trial court, if there is no legal impediment.
The parties are directed to produce the certified copy of this order before the trial court for it's compliance.
Order Date :- 29.3.2018 Gaurav