Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35890 of 2018 Applicant :- Puskar Chaubey @ Ankit Chaubey Opposite Party :- State Of U.P. Counsel for Applicant :- Sudist Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present bail application has been filed by the applicant in Case Crime No. 372 of 2018, u/s 376D/506 IPC and section 5/6 POCSO Act, P.S. Cantt. District Varanasi with the prayer for enlarging him on bail.
Learned counsel for the applicant submits that he has been falsely implicated in this case, he has not committed any offence whatsoever. The F.I.R. has been lodged after one day of the incident after deliberation and consultation, therefore, the applicant, who is in jail since 27.4.2018, may be enlarged on bail.
Per contra learned AGA opposed the prayer for bail and submitted that it is a case of gang rape on a young girl aged about 16 years, who has supported the version of gang rape in her statement u/s 161 and 164 Cr.P.C.
Considering the submission made by counsel for the parties and the facts and circumstance of the case as well as nature and gravity of offence, I do not find it to be a fit case for enlarging the applicant on bail. The bail application 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.
Order Date :- 25.9.2018 Dhirendra/