Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31925 of 2015 Applicant :- Zakir Opposite Party :- State Of U.P.
Counsel for Applicant :- Noor Mohammad,Ajay Kumar Srivastava,Syed Ausaf-Un-Nabi,Ulajhan Singh Bind Counsel for Opposite Party :- Govt. Advocate
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 130 of 2015, under Section 363/376-D I.P.C. and Section 6 of the P.O.C.S.O. Act, 2012, P.S.- Kampil, District- Farrukhabad, 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 by the father of victim, Km. Luxmi. He next submitted that the applicant who has no criminal antecedents to his credit, is in jail since 8.4.2015 is entitled to be released on bail during the pendency of his trial.
Per contra Sri J. K. Upadhyay, learned AGA for the State opposed the prayer for bail and submitted that the applicant in this case has been accused of having committed rape upon a 14 year old girl along with co- accused, Chandu. The prosecutrix in her statement recorded under Section 164 Cr.P.C., copy whereof has been brought on record as Annexure-5 to the affidavit accompanying the bail application has fully supported the prosecution case. For the aforesaid reasons, the applicant is not entitled to be released on bail during the pendency of his trial.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record, I am not inclined to enlarge the applicant on bail at this stage of trial. The prayer for bail is refused.
However considering the peculiar facts and circumstances of the case, the trial court is directed to conclude the trial of the applicant within a period of four months from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties.
Subject to aforesaid direction, this bail application stands finally disposed of.
Order Date :- 26.7.2018 SA