Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2711 of 2018 Applicant :- Putti @ Manoj Harijan Opposite Party :- State Of U.P.
Counsel for Applicant :- Mr Mahesh Prasad Yadav,Rahul Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, Sri Mayank Mishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against the applicant alleging that daughter of the complainant, fourteen years of age, was raped by the applicant on 21.8.2017 at 4-00 a.m. According to medical report, hymen of the prosecutrix was found torn and healed and statements of the prosecutrix were recorded under Section 161 and 164 of Cr.P.C. and she stated against the applicant.
Learned counsel for the applicant submitted that according to Aadhar Card, the age of the prosecutrix was found more than 16 and half years and date of birth of the prosecutrix was recorded as 5.5.2001. According to medical report, the age of the prosecutrix was found 15 years. The applicant has been falsely implicated on the basis of suspicion only. There is no independent witness against the applicant. The applicant is languishing in jail since 22.8.2017 (one year) having no criminal history. Due to heavy workload in the trial court, there is no possibility to get this case decided in near future. In case he is released on bail he will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that minor and unmarried girl was raped by the applicant without marriage. The prosecutrix corroborated the prosecution case. According to medical report, hymen of the prosecutrix was found torn and healed. 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 is hereby rejected at this stage in Case Crime No.
269 of 2017, under Sections 376, 452 I.P.C. and Section 3/4 of POCSO Act, Police Station Malwan, District Fatehpur.
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, if there is no legal impediment.
D.M. & S.P./S.S.P,- Fatehpur are directed to ensure the presence of the witnesses summoned before the court below.
Office is directed to send a copy of this order to D.M. & S.P./S.S.P,-Fatehpur as well as to the court concerned within three days for compliance.
Order Date :- 26.8.2019 OP