Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9035 of 2018 Applicant :- Salman Opposite Party :- State Of U.P.
Counsel for Applicant :- Sumit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is a second bail application of the applicant in Case Crime No.922 of 2016, under Sections 376, 506 IPC and Section 3/4 of Pocso Act, Police Station Rudhauli, District Basti.
The first bail application No.44416 of 2016 was rejected by order dated 20.12.2016 after noticing that the victim was minor; she had supported the prosecution in her statement under Sections 161 Cr.P.C. and 164 Cr.P.C; and that there were injuries found on her body. The second bail application has been pressed primarily on the ground that the applicant has suffered incarceration of nearly two years and, till date, not even a single prosecution witness has been examined.
A counter affidavit has been filed today on behalf of the State- respondent disclosing that bailable warrants have been issued against the witnesses to secure their presence and the last date fixed was 04.07.2018.
Considering the nature of the offence and the facts of the case, this Court does not consider it appropriate to grant bail to the applicant, at this stage. Accordingly, the bail application is rejected with a direction upon the court concerned to ensure conclusion of the trial, preferably, within next six months. In case the witnesses are not cooperating, then the trial court should not hesitate in taking coercive steps against them. The trial court shall expeditiously proceed in the matter and seek explanation from police as to why the witnesses are not appearing despite issuance of coercive steps.
Let a copy of this order be sent within two weeks to the trial court for compliance.
Order Date :- 27.7.2018 AKShukla/-