Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6621 of 2019 Applicant :- Sadiq Opposite Party :- State Of U.P.
Counsel for Applicant :- Zia Naz Zaidi Counsel for Opposite Party :- G.A.,Atul Kumar
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the second bail application seeking bail in Case Crime No. 1165 of 2015, under Section 376, 506 IPC and 3/4 of POCSO Act, P.S. Khatauli, District Muzaffarnagar. The first bail of the applicant was rejected vide order dated 03.05.2018.
Contention of the applicant is that applicant is in jail since 29.12.2015 and till date trial has not been concluded even though while rejecting the first bail application direction was issued to conclude the trial as early as possible.
Learned AGA has opposed the bail application with the contention that victim has been examined and she is consistent in her statement and she has supported the case of prosecution.
Moreover, looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment, no case for grant of any indulgence is made out.
Accordingly, the application for bail is rejected.
However, a categorical direction is issued that in case witnesses are not appearing the District Magistrate and S.S.P. concerned will take immediate action for their appearance. However, it is directed that the trial be concluded within eight months from the production of certified copy of this order.
In case trial is not be concluded within eight months, the court concerned will be answerable to this Court and applicant be at liberty to file a fresh bail application.
Order Date :- 26.9.2019 Ujjawal