Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13731 of 2016 Applicant :- Ramdaras Chouhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Shrawan Kumar Pandey,Shobh Nath Pandey Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 155 of 2016, under Sections 376 and 506 I.P.C. and section 3(1)12 and 3(2)5 SC/ST Act and Section 4 of POCSO ACT, P.S. Mardah, District- Ghaziabad and is in jail since 21.3.2016, is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case by the informant. He further submits that the medical evidence on record does not corroborate the prosecution theory of rape. He further submits that there are contradictions in the statement of the prosecutrix recorded under Section 164 Cr.P.C. vis-a-vis her statement recorded during the trial. He lastly submitted that the applicant who has no criminal anticident to his credit and is in jail since 31.3.2016 is entitled to be released on bail during pendency of the trial as there is no likelihood of conclusion of his trial in near future.
Per contra learned AGA opposed the prayer for bail and submitted that the victim who was minor on the date of the incident in her statement recorded under Section 164 Cr.P.C. has fully supported the prosecution case. He next submitted that the question whether contradictions in her statement under Section 164 Cr.P.C. vis-a-vis her evidence recorded during the trial are material or not is to be examined by the trial court and the applicant is not entitled to be released on bail during the pendency of his trial on the aforesaid ground.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record, I am not inclined to enlarge the applicant on bail at this stage of trial. The prayer for bail is refused.
However considering the peculiar facts and circumstances of the case the trial court is directed to conclude the trial of the applicant within a period of one year from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties.
Subject to aforesaid direction, this bail application stands finally disposed of.
Order Date :- 26.7.2018 Manish Tripathi