Single judge rejected bail application in rape case u/s 376 IPC where prosecutrix aborted due to rape. Court directed trial court to conclude trial in four months.
Bail application rejected; trial concluded within four months from date of production of certified copy of order.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39391 of 2017
Applicant :- Mohd. Zubair Opposite Party :- State Of U.P. Counsel for Applicant :- Rupendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
The present bail application has been filed by the applicant in Case Crime No.0370 of 2017, u/s 376, 452, 313 IPC, P.S. Hayat Nagar, District Bhim Nagar (Sambhal) with the prayer for enlarging him on bail.
Having heard Sri S.N. Singh, learned counsel for the applicant, learned AGA for the State and carefully gone through the statement of the prosecutrix recorded u/s 164 Cr.P.C. in which it is specifically stated that when the prosecutrix went on her terrace the applicant was already present there and committed rape on her. In the medical report, bleeding was noted from her vagina, she was also carrying pregnancy of two months, which on account of rape, got aborted. Considering the entire facts and circumstances of the case, I do not find it to be a fit case for enlarging the applicant on bail.
The bail application is, accordingly, rejected.
However, considering the fact that the applicant is in jail since 4.8.2017, the trial court is directed to expedite and conclude the trial within a period of four months from the date of production of certified copy of the order.
Order Date :- 4.9.2018 Dhirendra/
3 issues framed by the court
Whether the applicant is a fit person to be enlarged on bail in a rape case involving wrongful conception and abortion.
Whether the impugned order of rejection of bail is maintainable.
Whether the trial is to be concluded within a specified period to avoid unnecessary delay.
1 provisions across 1 enactments
Mohd. Zubair
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
