The High Court considered a bail application by an accused in a gang rape and sexual assault case involving a minor. The court rejected the bail plea due to the heinous nature of the offence and lack of inducements for release.
Bail application rejected. Trial to be concluded within one year.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13912 of 2018
Applicant :- Manish Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Saxena Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant who is involved in case crime no. 145 of 2017, under Sections 376-D, 354-A, 506 IPC and section 4/8 POCSO Act, P.S. B.B. Nagar, District- Bulandshahr is seeking enlargement on bail during the trial.
It is contended by the learned counsel for the applicant that as per the medical report, the age of the victim is 16 years and she has been subjected to gang rape by three accused persons. There is consistent story by the victim in the FIR and in her statements recorded u/s 161 and 164 Cr.P.C. Besides this, injuries were found over her private parts.
Under the circumstances, I am not inclined to grant indulgence to the accused applicant. Thus the bail application stands rejected.
It is expected from the learned trial court to gear up the trial and made necessary endeavour to conclude the trial within a period of one year from the production of certified copy of this order.
It is directed to the applicant, who will furnish the certified copy of this order before the learned trial court as expeditiously as possible within a period of one year from today.
Office is directed to communicate the copy of this order to concern District Judge/Sessions Court for the necessary compliance.
Order Date :- 16.4.2018 Nisha
1 issue framed by the court
Whether bail should be granted to the accused in a case involving gang rape of a minor under Sections 376-D IPC and POCSO Act.
Manish
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
