Pankaj Rajbhar Vs State of U.P.

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Court No. - 54 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13132 of 2018 Applicant :- Pankaj Rajbhar Opposite Party :- State Of U.P. Counsel for Applicant :- Shri Niwash Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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By means of this application, the applicant who is involved in case crime no. 292 of 2017, under Section 376 IPC and 3/4 POCSO Act, P.S. Muhamadabad, District Mau is seeking enlargement on bail during the trial.

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Submission made by the counsel for the applicant that the applicant has been falsely implicated in the present case. It has been further submitted that there is allegation of rape against the applicant of a 5 years tender age girl. The doctor's medical opinion is that there is blood stained discharge was present over the external part of perineum hymen was was fresh ruptured, menges reddened tear was present. The perineum in vaginal tear was present and blood was present in vagina. She recognized the applicant after seeing the video of the occasion.

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Keeping in view the tender age of the girl and the way and the manner this poor girl was sexually assaulted by the applicant, I am not inclined to grant indulgence to the accused applicant. Thus the bail application stands rejected.

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Learned trial court concerned is directed to execute the trial of the case on day-to-day basis and same should be concluded preferably within one years without granted any unnecessary adjournment either of the parties and make sure that none of the parties would sabotage the proceedings of the case.

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It is directed to the applicant, who will furnish the certified copy of this order before the learned trial court as expeditiously as possible.

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Office is directed to communicate the copy of this order to concern District Judge/Sessions Court for the necessary compliance.

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Order Date :- 13.4.2018/VKG

Pankaj Rajbhar v. State of U.P.

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Pankaj Rajbhar v. State of U.P.

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