Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49986 of 2018 Applicant :- Shivam Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Radhey Shyam Yadav, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant-Shivam Kumar seeks bail in S.S.T. No. 83 of 2017 (State Vs. Shivam Kumar), arising out of Case Crime No.462 of 2017, under Sections 363, 366, 354, 376 I.P.C. and Section 3/4 of POCSO Act, Police Station- Kotwali Farrukhabad, District- Farrukhabad.
This is second bail application on behalf of the applicant. The first bail was rejected by this Court on merits vide an order dated 24.8.2018 considering the age of prosecutrix to be less than 15 years as per her high school certificate on the date of incident and the factum of rape is fully supported by her in her statement recorded under Section 164 Cr.P.C. The fresh ground in this second bail application is sought that the first informant and the prosecutrix were examined as PW-1 and PW-2 during trial and they have completely resiled from the prosecution version and have been declared hostile.
Be that as it may, in my opinion as the trial is in progress it would not be proper on the part of this Court to scan and examine the testimony of PW- 1 and PW-2 at this stage to grant bail to the appellant.
In the facts and circumstances of the case, I do not find any fresh ground to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The second application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
However, considering the fact that applicant is languishing in jail since 20.6.2017, 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 three months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 22.1.2019 Vikas