Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13134 of 2018 Applicant :- Sonu Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kumar Shukla,Dinesh Chandra Tripathi,Gaurav Kumar Shukla Counsel for Opposite Party :- G.A.,Ashish Kumar Gupta,S. P. Bharti Goswami
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as Sri Mayank Mishra, learned Brief Holder for the State and perused the record.
According to prosecution case, FIR was lodged against Sonu Tiwari alleging that on 16.1.2018 at time unknown he entered in the house of complainant and raped her (aged 15 years). According to school certificate, date of birth of prosecutrix is 14.3.2006 and on the date of incident i.e. 16.1.2018, she was minor. Hymen of prosecutrix was found torn. She stated against the applicant in her statement recorded under section 161 Cr.P.C.
Learned counsel for the applicant submitted that according to statement of prosecutrix recorded before the Court, she was consenting party. The applicant is languishing in jail since 17.1.2018(more than one year and seven months) having no criminal history. He has been falsely implicated. There is no independent witness. Except the prosecutrix, there is no eye-witness account. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned Brief Holder submitted that unmarried & minor girl was raped by the applicant. It would not be proper to appreciate the evidence by the High Court. Hence, bail application of applicant is liable to be rejected.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application of applicant Sonu Tiwari involved in Case Crime No.07 of 2018, under Section 376 IPC & 3/4 POCSO Act, Police Station Mahuli, District Sant Kabir Nagar is hereby rejected.
Court concerned is directed to decide the case expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
SP/SSP, Sant Kabir Nagar and District Magistrate, Sant Kabir Nagar are directed to ensure presence of witnesses summoned by the Court concerned.
Office is directed to send copy of this order to SP/SSP, Sant Kabir Nagar, District Magistrate, Sant Kabir Nagar and the Court concerned within one week by fax, e-mail and speed post.
Order Date :- 21.8.2019/P.P.