Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5938 of 2018 Applicant :- Salman Opposite Party :- State Of U.P.
Counsel for Applicant :- Sarvesh Kumar Dubey,Abdul Saleem Ahamad,Afshan Shafaut,Diwan Saifullah Khan,Mir Sayed Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Shri Mir Sayed, learned counsel for applicant; Shri G.P. Singh, learned A.G.A. appearing for the State and perused the record of the case.
This Bail Application under Section 439 Cr.P.C. has been moved for seeking bail in Case Crime No. 278 of 2017, under Sections 363, 366, 376, 120-B IPC and 3/4 Protection of Children from Sexual Offences Act, P.S. Jansa, District - Varanasi.
It is argued by the learned counsel for applicant that a First Information Report was lodged in this case on 11.06.2017 while the occurrence is stated to have taken place on 10.06.2017. It is also argued that co-accused Harendra Kumar has been granted bail by this Court on 02.01.2017. The further submission of the counsel for applicant is that there is no injury found in the medical examination report of the victim. As per the statement recorded under Section 164 Cr.P.C. of the victim, it may be concluded that she had gone of her own free will with the accused applicant. The accused applicant has no criminal history and is languishing in prison for the last two years since 13.06.2017; if released on bail he will not misuse the liberty of bail.
The learned A.G.A. has vehemently opposed the plea of bail and has argued that the victim is a minor girl of less than 16 years and there is a clear statement of the victim that the accused applicant had committed rape upon her and no role of rape has been assigned to the co-accused, hence the prayer made for granting bail to the applicant should be refused.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant in the aforesaid case. Accordingly, the Bail Application of the applicant, Salman, is liable to be rejected and is hereby 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. expeditiously within a period of one year from the date of production of a certified copy of this order.
Order Date :- 31.7.2019 LBY