Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33437 of 2019 Applicant :- Rahul Kashyap Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Counter affidavit filed by learned AGA which is taken on record.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant who is involved in case crime no. 55 of 2019, under Section 376 IPC and section 3/4 POCSO Act, P.S. Allahaganj, District- Shahjahanpur is seeking enlargement on bail during the trial.
It is borne out from the record that the FIR was got registered by father of the victim on 23.02.2019, u/s 376 IPC and 3/4 POCSO Act for the incident said to have taken place on the same day against the applicant. The allegation levelled in the FIR are abhorring and distasteful. The victim is aged about 7 years olde young girl. Her both the statements recorded u/s 161 and 164 Cr.P.C. is self explanatory need not to be reiterated.
Learned counsel for the applicant submits that as per medical the victim's hymen is intact, therefore no case of rape under substantiate. There is no evidence of genital assault upon her.
Under the circumstances, I do not find any good reason to exercise my discretion in favour of the applicant. Accordingly the present bail application stands rejected.
The trial court is directed to gear up the trial and conclude the same as early as possible.
Order Date :- 27.9.2019 Nisha