In a bail application, the Court rejected the prayer for release, finding no good ground for bail despite the applicant's claim of innocence. The Court directed the trial court to expedite the trial of the serious offenses involving a minor child.
Bail application rejected. Trial court directed to expedite the trial of the case.
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Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22355 of 2020
Applicant :- Bhim Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Mishra Counsel for Opposite Party :- G.A.,Krishna Dutt Awasthi
Hon'ble Suneet Kumar,J.
Counter affidavit filed today by learned A.G.A. is taken on record.
Heard learned counsel for the applicant and learned counsel appearing for the complainant and learned A.G.A. for the State and perused the record.
As per prosecution case, the victim is aged about 15 years was enticed by the applicant and was taken to Chandigarh.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case; applicant having no previous criminal antecedents is languishing in jail since 15.1.2020, hence the applicant may be released on bail.
Learned A.G.A. and learned counsel for the informant has vehemently opposed the prayer for bail contending that the victim has supported the prosecution case in her statements recorded under Sections 161 and 164 Cr.P.C. It will be not in public interest to release the applicant on bail. There is reasonable apprehension of the evidence/witnesses being tampered/influenced..
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Bhim Singh involved in Case Crime No. 662 of 2019, under Sections 363, 366, 376 I.P.C. and 3/4 of POCSO Act, P.S. Bidhuna, District Auraiya.
Accordingly, the bail application is rejected.
However, the trial court is further directed to expedite the trial of the aforesaid case and conclude the same expeditiously from the date of production of a certified copy of this order.
The Registrar General of this Court is directed to send a copy of this order to the learned trial court for compliance.
Order Date :- 15.10.2020 S.Prakash
1 issue framed by the court
Whether bail should be granted to the applicant facing charges under Sections 363, 366, 376 IPC and POCSO Act regarding the enticement of a 15-year-old victim.
Bhim Singh
State of U.P.
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
