Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2923 of 2019 Applicant :- Vinod Opposite Party :- State Of U.P.
Counsel for Applicant :- Rabindra Bahadur Singh,Narendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a second application for bail on behalf of the applicant Vinod, in connection with Case Crime No.1033 of 2016 in Sessions Trial No.1495 of 2016 under Sections 363, 366, 376, IPC, and Section 3/4 POCSO Act, Police Station Majhola, District Moradabad.
The first application for bail was rejected by my order dated 6.3.2018 with a direction to expedite trial and conclude the same expeditiously preferably within a period of six months. This application has been moved with a renewed prayer for bail on foot of the prosecutrix's evidence recorded in the witness box on 17.3.2018, where she has deposed as PW-2. This Court is shocked to find that in the said deposition during trial the prosecutrix has gone to the extent of saying that she never appeared before the Court or the Magistrate for recording a statement of her's. She has maintained the stand for quite sometime during the course of her testimony and then proceeded to say that the Magistrate was a lady who had no personal animosity. It is very exceptionable that a witness should accuse a Judicial Officer of falsely recording her evidence. It is left to the discretion of the Trial Judge before whom the trial is pending to examine how he proposes to deal with the prosecutrix, who has prima facie, given false evidence in the witness box about non-recording of her statement under Section 164 Cr.P.C. However, this Court refrains from expressing any opinion on the issue. It is made clear that whatever is said here is confined to the purpose of a decision of this bail application, with the only further direction that has been made to the trial Judge to examine.
Looking to the overall evidence and conduct of the prosecutrix in the witness box, and the evidence appearing in the case, this Court does not find it to be a fit case for bail.
The bail application stands rejected.
The Trial Court is directed to conclude this trial now on a day to day basis within three months next positively.
Let a copy of this order be communicated to the Trial Court through the learned Sessions Judge, Moradabad within a week by the Registrar General. , Order Date :- 25.2.2019 NSC