Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15176 of 2018 Applicant :- Virendra Kumar Valmiki Opposite Party :- State Of U.P.
Counsel for Applicant :- Brijesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Considering that tender age of four years of the prosecutrix, who was allegedly sexually assaulted by the applicant and constant stand in the statements recorded under sections 161 and 164 Cr.P.C., of the prosecutrix, that the applicant has committed rape upon her, this Court is not inclined to exercise its discretion under section 439 Cr.P.C. in favour of the applicant.
Keeping in view the severity of the offence, evidence, complicity of the accused, without expressing any opinion on merits, this Court declines to grant any relief to the accused applicant.
The application for bail is, accordingly, rejected.
However, the trial court is expected to gear up the trial of the aforesaid case and conclude the same by a reasonable time in accordance with law, without granting any unnecessary adjournment to either of the parties, provides the applicant fully cooperates in conclusion of the trial.
Office is directed to transmit a certified copy of this order to the court concerned within a fortnight.
Order Date :- 24.4.2018 shailesh