Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28433 of 2018 Applicant :- Tulsi Jaiswal Opposite Party :- State Of U.P. Counsel for Applicant :- Ishan Deo Giri Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ishan Deo Giri, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.304 of 2015, under Sections 363, 266, 376D, 120B IPC and 5/6 of POCSO Act, Police Station Shahpur, District Gorakhpur, with the prayer to enlarge him on bail.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in this case. The first information report was lodged with an inordinate delay of more than two months and the allegation made in the first information are totally false and fabricated. Learned counsel for the applicant submitted that the prosecutrix has been examined as P.W.1 wherein she has stated that the applicant who was present in the trial she does not recognize him and he had never come to her home and had kidnapped her.
Per contra, learned AGA vehemently opposed the bail application and submitted that the victim was aged about 13-14 years. She was enticed by the applicant and other co-accused and was raped by the applicant and other accused as well. The version setup in the first information report has been corroborated by the prosecutrix in her statement recorded under Section 164 Cr.P.C. It will not be proper to evaluate the statement of prosecutrix recorded by the trial Court.
Considering the seriousness and gravity of offence and the allegation that a young girl was raped by the applicant and other co-accused, I do not find it to be a fit case for grant of bail to the applicant. It will not be proper to evaluate the statement of prosecutrix recorded by the trial Court.
The bail application is accordingly rejected.
However, considering the fact that the applicant is languishing in jail since 12.5.2016 and some of the witnesses of fact have been examined, the trial Court is directed to expedite the trial and conclude the same without granting unnecessary adjournment to either of the parties, on day to day basis, strictly in accordance with the provisions of Section 309(1) Cr.P.C., preferably within a period of three months from the date of production of a certified copy of the order.
Let a copy of this order be sent to concerned Court below for intimation and necessary compliance within a week.
Order Date :- 31.7.2018 Hasnain