Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37848 of 2016 Applicant :- Vishal Sachan Opposite Party :- State Of U.P.
Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav,Shyam Sundar Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A. G. A. for the State and perused the material on record.
By means of this application the applicant, who is involved in Case Crime No. 82 of 2016, under Sections-452, 342, 363, 366, 376-D, 323, 504 and 506 IPC and Section-3 (2) (v) of SC/ST Act and Section-4 of POCSO Act, P. S.-Baraur, district- Kanpur Dehat and is in jail, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant has falsely been implicated in the present case due to village party bandi. He has further submitted that the allegation of rape is not corroborated by any medical evidence and hence the applicant who is in jail and has no reported criminal antecedents to his credit, is entitled to be enlarged on bail.
Per contra, learned A.G. A. has vehemently opposed the prayer for bail and submitted that the prosecutrix was minor on the date of occurrence and she in her statement recorded under 164 Cr. P. C., copy whereof has been annexed as Annexure-7 to the affidavit accompanying this application, has fully supported the prosecution case, as spelt out in the F. I. R, hence, the applicant is not entitled to be enlarged on bail.
After having considered the submissions made by learned counsel for the applicant as well as learned A. G. A. and perused the material brought on record including the statement of the prosecutrix recorded under 164 Cr. P. C., I am no inclined to enlarge the applicant on bail. Accordingly, this application is rejected.
However, considering the peculiar facts and circumstances of the case, this Court hopes and trusts that the court concerned shall make every possible endeavour to conclude the trial of the aforementioned case as expeditiously as possible, preferably within a period of three months from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties, if there is no legal impediment.
Order Date :- 30.3.2018 HR