Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45880 of 2017 Applicant :- Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Dubey,Kamal Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to the prosecution case, the F.I.R. was lodged against the applicant alleging that on 28.9.2016, he kidnapped the daughter of complainant aged about 16 years and raped her.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present. There is no independent witness. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 20.6.2017 (more than one year and ten months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that applicant raped with 16 years girl. Victim was minor. According to medical evidence, hymen was found torn. Trial is going on. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Rahul involved in Case Crime No. 730 of 2016, under Sections 363, 366, 376 IPC & Section 3/4 POCSO Act, P.S. Kotwali Auraiya, District Auraiya is hereby rejected.
It is directed to the court concerned to decide the case expeditiously according to Section 309 Cr.P.C.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 29.4.2019 A. Singh