Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7674 of 2019 Applicant :- Vijay Veer Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Kumar Niranjan Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. M.K. Niranjan, learned counsel for the applicant, Mr. Mohd. Shoaib Khan, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Vijay Veer Singh with a prayer to enlarge him on bail in Case Crime No. 17 of 2008, under sections 376, 452, 506 IPC, Police Station Uldan, District Jhansi.
It is contended by learned counsel for the applicant that the first information report has been lodged by the informant on 04.02.2008 against four accused persons including the applicant regarding committing rape upon the victim and the victim became pregnant of having three months foetus. The medical examination of victim was conducted by the doctor at District Women Hospital, Jhansi. The Investigating Officer has recorded the statements under section 161 Cr.P.C. of the informant the victim. It is further submitted that the applicant has been summoned on an application moved under section 319 Cr.P.C. and the statements of PW-1, Heera Lal, father of the victim and PW-2, the victim have been recorded before the court below and they have been declared hostile.
Learned counsel further argued that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 05.05.2018.
On the other hand, learned A.G.A. has contended that the victim is a minor girl and rape was committed upon her by the accused persons including the applicant. It has also been stated that the trial has already committed to the Court of Sessions and the statements of the PW-1 and PW-2 have been recorded, therefore, he does not deserves any indulgence. In case, the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
After considering the submissions of learned counsel for the parties taking into account that statements of PW-1 and PW-2 have been recorded and, therefore, this Court is not inclined to interfere in the bail prayer of the applicant.
However, the trial Court is directed to expedite the trial of the present case and conclude the same, as expeditiously as possible, from the date of receipt of certified copy of this order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2004, if there is no legal impediment.
With the aforesaid directions, the bail application is accordingly, disposed of.
Order Date :- 26.2.2019 Sumaira