Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18192 of 2019 Applicant :- Sanjay Bhartiya @ Sanjeev Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Lal,Manvendra Narain Pathak Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri M.N. Pathak, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant- Sanjay Bhartiya @ Sanjeev Kumar seeks bail in Case Crime No.396 of 2016, under Sections 363, 366, 376 I.P.C. and 3/4 of POCSO Act, Police Station- Ghoorpur, District- Allahabad.
This is the second bail application on behalf of the applicant. The first bail application was rejected by this Court on 7.5.2018 while recording that the victim as per the high school certificate is aged about 15 years and there is specific allegation of commission of rape by the applicant on her. Learned counsel for the applicant states that co-accused Shiv Kumar has been enlarged on bail by a coordinate Bench of this Court vide order dated 9.8.2018 in Criminal Misc. Bail Application No.1728 of 2017 whose presence is also stated by the prosecutrix. The applicant is in jail for more than two years. Therefore, the applicant may be enlarged on bail on the ground of parity.
Per contra, learned A.G.A. has vehemently opposed the prayer for the bail and submitted that the applicant is the main accused against whom a minor girl aged about 15 years has specifically stated commission of rape. Therefore, the applicant may not be enlarged on bail.
Considering the nature and gravity of offence as also the facts of the case, I do not find any ground to consider the prayer for bail of the applicant. The prayer for bail is declined.
The second application for bail is, hereby, rejected.
However, considering the fact that applicant is languishing in jail since 25.3.2017, the trial court is directed to expedite the trial of aforesaid case and conclude the same in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of four months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 31.5.2019 Vikas