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Judgment
Sanjay Kumar Jaiswal, J
The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 83/2024 registered at Police Station –Balrampur, District – Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 363, 366, 376(2)(n) of IPC and Sections 4 & 6 of the POCSO Act.
As per the prosecution’s case, on 16.05.2024 at about 9:00 pm, the applicant seduced the minor victim and took her along with him and committed repeated sexual intercourse with the minor victim. Based on this, offence has been registered against the present appellant.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits the victim was a consenting party and all the material witnesses have been examined. The applicant is in jail since 18.05.2024, only 5 witnesses out of 9 witnesses have been examined till date, and there is no likelihood of his case being decided in the near future; therefore, the present applicant may be released on bail.
On the other hand, learned counsel for the State opposes the bail application and submits that the applicant did a heinous crime with a minor girl, who has supported the case of the prosecution in her statement recorded under Sections 161, 164 of Cr.P.C.; therefore, at this stage, he may not be enlarged on bail.
The victim and her father appeared through video conferencing from the concerned DLSA and recorded no objection in granting bail to the applicant.
I have heard learned counsel for the parties and perused the case diary.
Considering the entire facts and circumstances of the case, particularly looking to the material available on record, the evidence collected by the prosecution against the applicant and the nature of crime, at this stage, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected.
However, considering the fact that the applicant is in jail since 18.05.2024, the concerned trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible preferably within a period of 3 months from today.
Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.