Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29708 of 2017 Applicant :- Shailendra Singh @ Sainee Opposite Party :- State Of U.P. Counsel for Applicant :- Vishal Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Parcha filed by Sri Sandeep Kumar Srivastava, Advocate on behalf of the applicant today in the Court is taken on record.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in case crime no.192 of 2017, under Section 376 IPC and Section 3/4 POCSO Act, 2012, Police Station-Gaurabadshahpur, District-Jaunpur, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant is the sole accused person. As per FIR, Triloki Rajbhar(complainant) lodged the complaint against the applicant on 21.03.2017 i.e. after six days of the alleged incident with the allegation that her niece(deceased) aged about 15 years was subjected to sexual assault by the applicant.
I have gone though the statements recorded under Sections 161 and 164 Cr.P.C. in which there is nothing on record to suggest that she was ever consenting party. As per medical report, her age is sixteen and half years and she is a minor girl.
Under the circumstances, I do not find any good reason to grant indulgence to the applicant.
Thus, the bail application stands rejected.
It is expected from the learned trial court to gear up the trial and made necessary endeavour to conclude the trial within one year.
It is directed to the applicant, who will furnish the certified copy of this order before the learned trial court within a period of 15 days from today.
Office is directed to communicate the copy of this order for the necessary compliance.
Order Date :- 31.8.2018 Sumit S