Chandrabhan Vs State of U.P Thru. Prin. Secy. Home Govt. Civil Secrt. Lko. and 3 Others

In terms of the F.I.R., the allegations were levelled that the daughter of the informant aged about three months was alone at home when the applicant entered the home and misbehaved with her and inserted a finger in her private parts. The medical on record clearly corroborates the allegations as the hymen was not found to be present and in terms of the opinion of the doctor, signs of forceful entry were present.

While arguing the bail application, learned counsel for the applicant has drawn my attention to the statement of the informant recorded during trial, wherein although she supported the prosecution story in the examination in chief, however in the cross examination, she stated that she had taken the name of the applicant based upon the information received and she had not seen the applicant. In the light of the said, it is argued that the applicant should be enlarged on bail.

Learned A.G.A. strongly opposed the prayer for bail by arguing that a very heinous crime was committed on a child aged three months which is duly corroborated by the statement under Section 164 Cr.P.C. which has been accepted even during cross examination and by the medical ofÏcer on record.

Considering the gravity of the allegations levelled and the manner in which a child of three months has been subjected to physical torture, no case for bail is made out. The application for bail is rejected.

The trial court is directed to ensure that deposition of the witnesses are made and the trial is concluded with all expedition after giving day to day hearing without any adjournment whatsoever to any of the parties.

Superintendent of Police, Hardoi is directed to ensure that the witnesses are produced before the trial court for their deposition without taking any adjournment.

The trial court shall send a monthly report to the Senior Registrar of this Court and any shortcoming found in the proceedings of the trial, shall be treated seriously by this Court.

Let a copy of this order be sent to the court concerned including the Superintendent of Police, Hardoi for its compliance.

The applicant would be at liberty to revive his bail prayer after all the witnesses are examined. Order Date :- 9.7.2024/Shukla

Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Chandrabhan v. State of U.P Thru. Prin. Secy. Home Govt. Civil Secrt. Lko. and 3 Others