Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20045 of 2021 Applicant :- Sharif @ Bora Opposite Party :- State of U.P.
Counsel for Applicant :- Pushpendra Kumar Mishra,Anil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant learned A.G.A. for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 600 of 2020, under Section 377 I.P.C. and Section 5/6 of Protection of Children from Sexual Offences (POCSO) Act, Police Station Bilari, District Moradabad.
It is argued by learned counsel for the applicant that the applicant has been falsely implicated in the present case. Applicant is unsound mind person and has not committed the alleged offence. Accused is lying in jail since 11.12.2020. He has no criminal history. If he is released on bail, he would not misuse the liberty.
Learned A.G.A. vehemently opposed the prayer of bail and contended that the applicant committed unnatural intercourse with a boy of four years and there is corroborative medical evidence of alleged incident. Further submitted that victim has supported the prosecution story in his statement under Section 164 Cr.P.C, therefore, bail application of the accused applicant should be rejected.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Perusal of the record reveals that the victim in his statement under Section 164 Cr.P.C. has specifically implicated the applicant for the alleged offence. In the medical examination report, it has been noted that external injury seen over anal area, redness present, not fresh, bleed present, blood stained over lower were present.
In view of the above facts and circumstances of the case, keeping in view the nature of offence and age of the victim is four years, I do not find it to be a fit case for grant of bail to the accused-applicant.
Accordingly, bail application of the applicant, is 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. within a period of six months from the date of production of a certified copy of this order.
Furthermore, it is clarified that the observations, if any, made herein above shall be strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 20.12.2021 VPS