In Criminal Misc. Bail Application No. 6970 of 2019, the court allowed bail to the applicant Kuldeep Pachauri in a rape case under IPC and POCSO Acts, directing the trial court to expedite the trial.
Release on bail via personal bond and two sureties; direction to expedite trial.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6970 of 2019
Applicant :- Kuldeep Pachauri Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.,Rajesh Kumar Srivastava,Virendra Kumar Srivastava
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
By way of instant bail application, prayer has been made to enlarge the applicant on bail in Case Crime No. 412 of 2018, under Sections 376, 506 of I.P.C. and Section 3/4 of POCSO Act, Police Station - Khandauli, District - Agra.
As per prosecution version, on 29.06.2018 at about 01.30 P.M., the prosecutrix was going to a tube-well to meet her brother. On the way, she met the applicant, who asked her to sit on his motorcycle. She sat on his motorcycle, whereafter the applicant took her to a field and committed rape on her. Due to social infamy and threat of the applicant of disclosing the incident, the prosecutrix could not file first information report in due time. The marriage of the prosecutrix was fixed on 21.07.2018. The applicant and another co-accused informed about this occurrence to the person with whom marriage of the prosecutrix was fixed, due to which the marriage of the prosecutrix got dissolved.
Learned counsel for the applicant contended that due to the false apprehension that the applicant had informed the person to whom marriage of the prosecutrix was fixed about the occurrence, this F.I.R. has been lodged. The prosecutrix had herself stated her age before the doctor as 18 years. As per medical report, age of the prosecutrix is 19 years. The prosecution version does not appear natural. The applicant is not a history-sheeter and is languishing in jail since 06.07.2018.
Per contra, learned A.G.A. and learned counsel for the informant opposed the prayer for bail and contended that as per school certificate, date of birth of the prosecutrix is 15.03.2004. As such, she is minor.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for
enlarging the applicant on bail.
Let the applicant - Kuldeep Pachauri be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned.
Application stands allowed .
However, the learned trial court is directed to expedite the trial of the case, strictly in accordance with law.
Order Date :- 4.7.2019 I. Batabyal
2 issues framed by the court
Whether the applicant is eligible to be enlarged on bail in a case involving alleged rape and under the POCSO Act.
Whether the trial must be expedited after the applicant is granted bail.
2 provisions across 2 enactments
Kuldeep Pachauri
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
