Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28542 of 2015 Applicant :- Rizwan Opposite Party :- State Of U.P.
Counsel for Applicant :- S. Azam Lari Counsel for Opposite Party :- Govt. Advocate
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned AGA 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 2014, under Section 498A, 326 and 304 I.P.C., P.S.- Tarwa, District- Azamgarh, is seeking enlargement on bail during the trial.
After having heard the submissions advanced by the learned counsel for the parties and perused the FIR as well as the statement of the prosecutrix recorded under Section 164 Cr.P.C., and her medical report, copies whereof have been brought on record as Annexure-3 to 6 respectively to the affidavit accompanying the bail application. The accused-applicant, Rizwan has been charged in this case for having committed rape with a 4 and a half year old girl. The prosecutrix in her statement recorded under Section 164 Cr.P.C. has fully supported the prosecution case which stands further fully corroborated from the medical evidence on record.
In view of the above, considering the gravity of the offence and the severity of the punishment, the applicant is not entitled to be enlarged on bail during the pendency of the trial, hence the prayer for bail is refused.
However considering the peculiar facts and circumstances of the case, the trial court is directed the conclude the trial of the applicant within a period of three months 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 :- 27.4.2018 SA