The court rejected the second bail application by Krishna Pratap Kushwaha in a sexual offence case, noting the absence of new grounds besides the victim not appearing.
Bail application rejected. No case for grant of bail made out.
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Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37361 of 2018
Applicant :- Krishna Pratap Kushwaha Opposite Party :- State Of U.P. Counsel for Applicant :- Amar Bahadur Maurya Counsel for Opposite Party :- G.A.,Juned Alam
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant, Sri Juned Alam, learned counsel for the complainant and learned A. G. A. for the State.
Applicant has moved the present second bail application seeking bail in Case Crime No. 315 of 2016, under Sections 376D, 323, 506 I.P.C., P.S. Vishunpura, District Kushinagar. The first bail application of the applicant was rejected vide order of this Court dated 20.1.2017 passed in crl. misc. bail application no. 2468 of 2017.
I have perused the prosecution story as set up in the F.I.R. and also the first bail rejection order by this Court.
Perusal of the record shows that no subsequent development or any new ground has been brought on record apart from the fact that the victim herself is not appearing before the court concerned and the instant second bail application is being pressed solely on this ground.
Learned counsel for the complainant has opposed the second prayer for bail with the contention that initially the case was pending before the POCSO court and subsequently it has been transferred to some other court and the victim has been appearing there regularly but her statement is not being recorded.
Moreover, looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment, no case for grant of any indulgence is made out.
Accordingly, the application for bail is rejected.
It is expected that in case the victim girl appears before the court concerned on the date fixed, her statement will be recorded and thereafter the trial of the present case will be taken to its logical conclusion.
Order Date :- 15.2.2019 Kuldeep
1 issue framed by the court
Whether bail should be granted despite no new grounds or developments in the prosecution story.
Krishna Pratap Kushwaha
State Of U.P.
Vipin Sinha
As recorded by the court registry
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