Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11060 of 2018 Applicant :- Ram Sharan Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Raksha Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ram Raksha Tiwari, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 108 of 2017 under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Kamasin, District Banda, during the pendency of trial.
It has been argued by the learned counsel for the applicant that the victim has not been enticed away by the accused-applicant, rather she has admitted in her statement under Section 164 Cr.P.C. that she had gone with the accused applicant of her own free will as she wanted to marry him, therefore, accused deserves to be granted bail. He is lying in jail since 30.8.2017. He has no criminal history. If he is released on bail, he would not misuse the liberty.
Learned A.G.A. has vehemently opposed the prayer stating that the victim was a minor girl on the date of occurrence. As per her statement u/s 164 Cr.P.C., she is found to be pregnant of 13 weeks and hence it is very much evident that the accused-applicant had sexual intercourse with victim, who was a minor girl, therefore, offence u/s 376 IPC is also made out apart from offence u/s 3/4 POCSO Act which is punishable with life imprisonment.
In view of above, looking to the facts of the case and after having considered the arguments, I do not find sufficient ground to grant bail to the accused-applicant. Accordingly, bail is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same strictly in accordance with the provisions contained in Section 309 Cr.P.C. within a further period of one year from the date of production of a certified copy of this order.
Order Date :- 31.7.2019 A.P. Pandey