Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34480 of 2020 Applicant :- Salman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Intekhab Alam Khan Counsel for Opposite Party :- G.A.,Farid Ahmed
Hon'ble Dinesh Kumar Singh-I,J.
Heard Intekhab Alam Khan, 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. 0248 of 2020, under Section 363, 366 & 376 of I.P.C. and Section 5/6 of P.O.C.S.O. Act, Police Station Chandausi, District Sambhal, during the pendency of the trial.
As per F.I.R., which has been lodged by father of the victim, it has been stated that on 22.06.2020, at about 02:00AM, when he was sleeping in his courtyard, he saw that his daughter was missing and when search was made then it was told by Dilshad and Chote that his daughter has been taken away by the accused applicant Salman on motor-cycle and some cash and jewellery had also been taken by his daughter.
It is argued by learned counsel for the applicant that the accused applicant has been falsely implicated in this case. It is further argued that the victim had gone with the accused applicant on her own free will. The radiological age of the victim is below 16 years. Accused is lying in jail since 02.07.2020. He has no criminal history. If he is released on bail, he would not misuse the liberty.
Learned A.G.A. vehemently opposed the prayer of bail stating that the accused applicant established physical relation with the victim, who is a minor girl, therefore, bail application of the accused applicant should be rejected.
Looking to the fact that the victim is a minor girl below 16 years as well as she has supported the prosecution version in her statement under Section 164 Cr.P.C. that the accused applicant established physical relation with her, I do not find it to be a fit case for grant of bail to the accused-applicant.
Accordingly, bail application of the applicant, 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 six months from the date of production of a certified copy of this order.
Furthermore, it is clarified that the observations, if any, made herein above shall be strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 6.1.2021 VPS