Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40212 of 2015 Applicant :- Vishesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
The instant bail application has been filed on behalf of the applicant, Vishesh with a prayer to admit him on bail in Case Crime No.241 of 2015, under Sections 376,120-B,506 IPC and Section 3/4 and 17 Protection of Children From Sexual Offence Act, 2012, P.S. Kotwali, District Rampur during the pendency of trial.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
The prosecution case in a nutshell is that an FIR was lodged by Manphool Singh against the applicant and Kelawati that on 16.6.2015 the co-accused Kelawati had caught the prosecutrix and the applicant has committed rape. On hue and cry of the prosecutrix various persons of the locality arrived there. Thereafter they left the place extending threat to life of the victim and her father.
It is submitted by the learned counsel for the applicant that the victim was major (a/a 18 years) at the time of incident, according to the medical report, thus she was a consenting party. It is further submitted that the allegations of ravishing the victim is absolutely false and concocted. The alleged incident is said to have taken place on 16.6.2015 and the FIR was lodged on 20.6.2015.The trial is proceeding in snail's pace as only two witnesses of fact have been examined so far, none of the formal witnesses have been examined and only the dates have been fixed curtailing the liberty of the applicant. The applicant who is languishing in jail since 21.7.2015, deserves to be released on bail as the prospect of conclusion of trial is too remote. The applicant undertakes to appear before the court concerned on each and every date during course of trial and will not misuse the liberty of bail.
Per contra learned A.G.A. has contended that the minor daughter of the complainant has been ravished by the applicant and there is no reason to falsely implicate him. The prosecutrix in her statement has fully corroborated the prosecution case, therefore, the applicant does not deserve to be enlarge on bail. In case, the applicant is enlarged on bail, he will misuse the liberty of bail and protract the trial by extending threat to the complainant and his family member including the victim which is going in natural manner. It is further contended that the trial is proceeding and as such the court below may be directed to proceed with the case.
We have considered the submissions of the the applicant and the learned A.G.A.
The applicant who is involved in ravishing the minor daughter of the complainant, hence looking into the gravity of offence, this Court is not inclined to enlarged the applicant on bail, specifically when the complainant and other witnesses of fact have fully supported the prosecution case during the course of trial.
This court is of the considered opinion that the applicant has miserably failed to make out any ground to release him on bail. Accordingly, the bail application is rejected.
However, the court below is directed to proceed with the case in utmost expeditious manner since the speedy trial is the essence of justice and shall conclude the trial on its own merit without being influenced by any observation made by this Court within four months from the date of production of a certified copy of this order.
Order be communicated to the court concerned forthwith.
Order Date :- 23.2.2018 M. Tariq