Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48236 of 2017 Applicant :- Tej Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Sri Harish Chandra Mishra, learned counsel for the applicant, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant has been falsely implicated due to village party bandi and election enmity. It is further submitted that victim has given ttutored statement. Further submission is that there is delay of two days in lodging FIR without any plausible explanation. He further submitted that applicant is a disabled person and as such it is not possible for him to commit the offence in school after closing the door of the school. It is further submitted that prosecution does not find support from medical evidence as there is nothing adverse therein. Further submission is that applicant who is in jail since 27.10.2017 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. has vehemently opposed the prayer and submitted that victim is a minor girl aged 8 years, and there is least possibility for her lying.
Having heard the submissions of learned counsel of both sides, considering the facts and circumstances of the case and taking a note of the fact that victim who is aged 8 years has supported the prosecution, I do not find it to be a case of bail.
Accordingly, application for grant of bail of the applicant Tej Singh who is involved in Case Crime No. 83 of 2017, under Sections 376, 511 IPC and Section 9/10 POCSO Act, Police Station-Kharela District-Mahoba, is rejected.
However, the Trial Court is directed to expedite the trial within a period of one year, if possible.
Order Date :- 26.2.2018 Neeraj