This bail application was rejected due to no prima-facie case for bail. However, the applicant was directed to have his trial concluded within six months under Section 309 Cr.P.C. to alleviate jail lackage.
Bail rejected; trial directed to be concluded within six months under Section 309 Cr.P.C.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4338 of 2021
Applicant :- Pawan Sharma @ Lakhan Ji Opposite Party :- State of U.P. Counsel for Applicant :- Ranjan Srivastava,Pratibha Jaiswal,Ram Tiwari
Counsel for Opposite Party :- G.A.,Sushil Kumar Mishra
Hon'ble Umesh Chandra Sharma, J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused as the record.
The instant application for bail has been moved on behalf of the applicant, Pawan Sharma @ Lakhan Ji, with the prayer to enlarge him on bail in Case Crime No. 103 of 2020, under Sections 363, 376 DA, 506 I.P.C and 5G/6 POSCO Act and 3 (2) (V) S.C.S.T Act, Police Station Ghorawal, District - Sonbhadra, during pendency of the trial.
Learned counsel for the applicant has submitted that the first information report is based on false and fabricated facts.
On the date and time of occurance, the victim was minor. As per F.I.R and the statement under Sections 161 and 164 Cr.P.C, she was kidnapped and abducted for illicit intercourse and was trafficked for sexual exploitation and for selling the victim for prostitution. Medical examination has been conducted after about six months wherein her hymen was found old torn. On this basis, the learned A.G.A contends that this medical opinion confirmed the allegations and statements of the victim.
Learned counsel for the applicant admits that he used to live in
Puna with his family and the second accused was not living with him there. As per F.I.R and the statements under Sections 161 and 164 Cr.P.C, the victim was carried to Puna by the applicant where she was subjected to rape for 3 – 4 months. Her date of birth is 01st July, 2005; therefore, she was about about 15 years, even as per medical certificate she was about 15 – 16 years of age.
Learned counsel contends that the applicant belongs to the Brahmin community but since he was in love affair with a schedule tribes lady, therefore she had solemnized the marriage with the applicant. He is also been arrayed as accused for the offences under Sections 363, 366 and 376 I.P.C. A lady may be accused under Sections 363 and 366 I.P.C. but she cannot be an accused under Section 376 I.P.C alone.
In view of the above discussions no prima-facie case is made out to grant bail to the present accused-applicant.
Thus, having regard to the aforesaid overall facts and circumstances of this case and also keeping in view the arguments advanced on behalf of the parties, nature and manner of commission of offence and evidence regarding the complicity of applicant, no case for bail, at this stage, is made out.
Accordingly, the instant application for bail is rejected.
However, keeping in view the fact that the applicant is languishing in jail since 26.08.2020, the learned trial Court is directed to get the trial concluded with utmost expedition keeping in mind the provisions of Section 309 Cr.PC., without granting any unnecessary adjournments to the parties, preferably within a period of six months from the date of production of certified copy/computerized copy of this order, in case there is no other
legal impediment.
It is made clear that the trial of the aforesaid case shall be conducted without being influenced by any observation made herein above which are confined to the disposal of the instant application for bail.
Order Date :- 17.3.2023 Vinod.
Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail is maintainable given the gravity of the offences including POCSO and IPC 376 DA.
1 provisions across 1 enactments
Pawan Sharma @ Lakhan Ji
Umesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
