Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41082 of 2020 Applicant :- Suraj Kashyap Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for applicant and learned AGA for State.
This is the Second Bail Application moved by accused- applicant-Suraj Kashyap, in Case Crime No. 38 of 2019, under Sections 377 IPC, 5/6 POCSO Act and 3(2)(4) of SC/ST Act, Police Station – Banda, District Shahjahanpur. The first bail application has been dismissed by this Court on merit, vide order dated 07.07.2020, passed in Criminal Misc. Bail Application No. 19859 of 2019.
Learned counsel for the applicant submits in the following manner that :-
• Applicant is innocent; he has committed no offence and has been falsely implicated in the present case for harassment and humiliating him.
• In trial PW-1 and 2 (father and mother of the victim) have turned hostile and they did not support the prosecution case; only victim remains to be examined as witness on fact but due to Corona Pandemic, trial has been upheld in the Trial Court and accused is languishing in Jail since long and there is no possibility of early disposal of trial.
• Accused-applicant is in Jail since 31.01.2019 having no criminal history.
• If accused-applicant is enlarged on bail during trial, he shall not misuse its liberty. Due to huge pendency of cases in the Trial Court, there is no possibility of early disposal of trial Per contra, learned A.G.A. opposed the prayer for bail and submitted that there is no new ground which arose after dismissal of first bail application. Statement of PW-1 and 2 was made prior to disposal of first bail application and first bail application was dismissed by the Court considering full facts and circumstances of the case, injury report and statement of victim under Section 164 Cr.P.C. Grounds taken in second bail application were available at the time of deciding the first bail application. There is no new ground except detention of accused in Jail.
Considering the rival submissions of learned counsel for the parties, looking into the entire facts and circumstances of the case, nature of allegation against the accused-applicant, ground taken in the second bail application, role of accused in the matter and evidence collected by Investigating Officer, I do not think it proper to release the accused-applicant on the second bail application.
Second Bail Application of accused-applicant-Suraj Kashyap is, accordingly, dismissed.
However, it is directed to Trial Court to expedite and conclude the trial expeditiously and preferably within a period of six months from the production of certified copy of this order.
Registry is directed to communicate this order to Trial Court through District Judge, concerned immediately.
Order Date :- 5.1.2021 Akram