Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28895 of 2018 Applicant :- Rakesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Naresh,Raghubir Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.66 of 2018, under Sections 376 I.P.C. and 3/4 POCSO Act, Police Station Husainganj, District Fatehpur.
It is submitted by learned counsel for the applicant that, according to the prosecution version, father of the victim had died on 27.3.2018 that is why she had gone to her paternal house. On 1.4.2018, she had gone for her medical treatment with the applicant-Rakesh Kumar on motorcycle and while returning at about 9:00 p.m. in the night near Kandhrapur by standing motorcycle at a deserted place, applicant committed rape with her. He submits that the incident alleged to have been occurred on 1.4.2018 while belated report has been lodged on 7.4.2018. He further submits that the medical report of the victim does not corroborate the prosecution version. There is no possibility of fleeing away of the applicant from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. Applicant is languishing in jail since 08.04.2018.
Against it, learned counsel for the State submits that the victim in her statement recorded u/s 164 Cr.P.C. has supported the prosecution version and in the FIR itself explanation has been given that due to death of her father and cremation etc. victim did not report the matter to the police station in time, hence, the applicant is not entitled to bail.
Considering the facts and circumstances of the case as well as the submissions advanced by learned counsel for the parties, I am of the view that it is not a fit case for bail. Therefore, the bail application of the applicant stands rejected. However, trial court is directed to dispose of the trial, expeditiously, adhering the provision 309 of Cr.P.C. without granting unnecessary adjournment.
Order Date :- 31.7.2019 m.a.