A single-judge High Court bench rejected a bail application for an applicant accused of raping a minor niece, noting unexplained medical injuries. The court directed the trial court to conclude the trial within one year.
Bail application rejected; directed trial to conclude within one year.
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Neutral Citation No. - 2023:AHC:186365
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26466 of 2022
Applicant :- Harvendra @ Harendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kamalendra Kumar Maurya Counsel for Opposite Party :- G.A.,Praveen Kumar Tripathi,Shri Krishna Tripathi
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Harvendra @ Harendra, with a prayer to release him on bail in Case Crime No. 95 of 2022, under Sections 376-AB, 342, 323, 504, 506 IPC and Section 5M/6 of POCSO Act, Police Station Sikandra, District- Agra, during pendency of trial.
There is allegation against the applicant of committing the offence of rape of minor niece aged about 7 years.
The doctor has found injury on the private part of the victim, which has not been explained by learned counsel for the applicant.
Learned counsel for the informant and learned AGA have vehemently opposed the prayer for bail of the applicant.
This Court after hearing the learned counsels for the parties does not finds any ground for enlarging the applicant on bail at this stage.
The bail application is accordingly rejected.
The court below is directed to conclude the trial against the applicant, as expeditiously as possible, preferably within a period of one year from the date of production of certified copy of this order.
Order Date :- 26.9.2023 Ruchi Agrahari
Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is eligible for enlargement on bail given medical evidence of injury on the minor victim.
Whether this Court can direct expeditious conclusion of the trial despite bail rejection.
Harvendra @ Harendra
State Of U.P.
Siddharth
As recorded by the court registry
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