Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27608 of 2019 Applicant :- Sandeep Opposite Party :- State Of U.P.
Counsel for Applicant :- Prayogendra Pal Singh,Amarendra Kumar Counsel for Opposite Party :- G.A.,Rajesh Kumar Singh
Hon'ble Rahul Chaturvedi,J.
Supplementary affidavit filed on behalf of the applicant as well as counter affidavit filed on behalf of the State, are taken on record.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant who is involved in case crime no. 305 of 2018, under Sections 376 IPC and 3/4 POCSO Act, P.S. Tronica City, District- Ghaziabad is seeking enlargement on bail during the trial.
Learned counsel for the applicant submits that the age of the prosecurtx is 13 years and she has levelled the allegation of sexual assault upon her by the applicant but the medical report is totally belies the prosecution story. Learned counsel for the applicant has drawn the attention of the Court to the supplementary affidavit which is annexed the testimonies of the prosecutrix whereby she has completely wriggled out from the prosecution story.
Keeping in view that the content of the statements of the victim recorded u/s 161 and 164 Cr.P.C. are constant and the age of the girl is barely 13 years and the trial is at the advance stage, I do not find any good reason to grant indulgence in favour of the applicant. Accordingly, the present bail application stands rejected.
It is expected that the learned trial court to gear up the trial and conclude the same within a period of one year.
Order Date :- 26.8.2019 Nisha