Court No. - 29
Case :- CRIMINAL APPEAL DEFECTIVE No. - 875 of 2018 Appellant :- Vishal Rajbhar @ Dheeraj Rajbhar Respondent :- State of U.P.
Counsel for Appellant :- Tara Chand Kaushal,Amit,Rajesh Yadav,Ravindra Kumar Yadav Counsel for Respondent :- G.A.,Amrendra Nath Rai,Sanjay Singh
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
Counter affidavit filed by learned A.G.A. is taken on record.
Criminal Misc. Delay Condonation Application No. 1 of 2018 There is a delay of 38 days in filing of the appeal. An application for condoning the delay has been filed.
Learned A.G.A. has no objection if the delay is condoned. Accordingly, Delay Condonation Application is allowed. The defect stands cured.
Order on Memo of Appeal Heard the Appeal against the order dated 30.05.2018 passed on the bail application preferred by the appellant. The bail application was dismissed by the Court below finding commission of offence under Sections 363, 366, 376, 120-B I.P.C., 7/8 of P.O.C.S.O. Act, 3(2)5 and 3(2)5-Ka of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The F.I.R. was registered as Case Crime No. 448 of 2017, under Sections 363, 366, 120-B I.P.C., 7/8 of P.O.C.S.O. Act and 3(2)5 and 3(2)5-Ka of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station- Ahraula, District- Azamgarh.
The appellant was earlier granted bail by this Court vide order dated 10.07.2018 but thereupon charge-sheet was filed. The age of the girl was found 16 years as per the statement under Section 164 Cr.P.C. The bail was earlier granted finding it to be a case of consent as the age of the victim was not taken in consideration. The consent carries no meaning in a case of minor girl.
The bail application was filed after submission of the charge- sheet dismissed by the Trial Court.
Taking into consideration the age of the prosecutrix, I do not find any illegality in the order as it was passed after going through the allegations and statement of the prosecutrix under Section 164 Cr.P.C.
The appeal against the order is dismissed. However, it is with a direction to the Trial Court to expedite the proceedings and complete the trial at the earliest. Parties are directed to cooperate with the trial court.
Order Date :- 29.7.2021 Nirmal Sinha (Munishwar Nath Bhandari, A.C.J.)