Noor Sharieff vs State

This is a petition filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail of the alleged offences punishable under Section 120(B), 376 r/w Section 34 of IPC and under Section 5 (L) & 6 of Protection of Children from Sexual Offences Act, 2012, registered in respondent police station Crime No.26/2017.

Heard the arguments of the learned counsel appearing for the petitioner/accused No.1 and also the learned High Court Government Pleader appearing for the respondent-State.

The learned counsel for the petitioner made the submission that earlier also the petitioner had approached this Court seeking his release on bail.

But, the petition came to be rejected. However, liberty was given to the present petitioner to move the bail application after statement of CW1 is recorded. Learned counsel submitted that now CW1 has been examined before the trial Court and she has not supported the case of the prosecution. He further submitted that since from one year the petitioner is in custody. Hence, he submitted by imposing reasonable conditions he may be enlarged on bail.

Per contra, the learned HCGP made the submission that looking to the order of the learned Special Judge wherein it is specifically mentioned at para 7 that CW1 victim girl has categorically stated that accused forced her to have sexual intercourse on many occasions. Hence, he submitted in view of the observation made by the Court below, at this stage, the petitioner is not entitled to be granted with bail.

I have perused the grounds urged in the bail petition, FIR, complaint and the other materials produced in the case, so also the earlier bail order passed by this Court on 17.07.2017 in Crl.P.No.4671/2017. The court rejected the earlier bail petition. However, there was a liberty given to the accused to move the bail application after recording the evidence of CW1 victim girl. I have also perused the bail order passed by the learned Special Judge. Looking to the order of the learned Special Judge, wherein it is stated that the victim girl has supported the case of the prosecution.

Even it is stated that as per the expert's opinion hymen of victim is also not intact. The other witnesses will have to be examined in the case. In view of this material placed on record, I am of the opinion it is not a fit case for grant of bail.

Accordingly, criminal petition is hereby rejected. However, in view of the submission made by the learned counsel for the petitioner/accused No.1, the concerned Special Judge has to adjudicate the case on priority basis and dispose of the case itself within three months from the date of receipt of copy of this order. Intimate the concerned Special Judge accordingly.