Single judge rejected a bail application by an accused charged with offences under IPC 363, 366, 376(D) and POCSO Act, citing the minor age of the prosecutrix and serious nature of allegations.
Bail application rejected; trial directed to be concluded expeditiously.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6593 of 2020
Applicant :- Guddu Alias Ravi Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kant Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned AGA.
The present bail application has been filed by the applicant in Case Crime No. 482 of 2019, u/s 363, 366, 376(D) IPC and 3/4 POCSO Act, P.S. Kotwali, District Hathras with the prayer for enlarging him on bail.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in this case and has not committed any offence; infact she has given different statement before the doctor, however, in the statement u/s 164 Cr.P.C. she developed version and has alleged that the applicant had sexually assaulted her and then took her to his friend who had also committed rape upon her; the said version setup in the statement u/s 164 Cr.P.C. after thorough one, therefore, the applicant may be enlarged on bail.
Per contra, learned AGA has submitted that as per the high school certificate, date of birth of the prosecutrix is 26.2.2003 i.e. about 16 years of age.
Having heard learned counsel for the applicant, learned AGA for the State and considering the age of the prosecutrix and specific allegation levelled against the applicant, I do not find it to be a fit case for enlarging the applicant on bail.
The bail application is, accordingly, rejected.
However, the trial court is directed to expedite the trial and conclude the same as expeditiously as possible.
Order Date :- 13.2.2020 Dhirendra/
1 issue framed by the court
Whether the applicant is fit to be enlarged on bail given the specific allegations and the minor age of the prosecutrix.
Guddu Alias Ravi
Rajul Bhargava
As recorded by the court registry
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