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Ishuk Ali @ Yusuf vs State Of U.P. & Anr. on 28 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 15

Case :- CRIMINAL APPEAL No. – 1679 of 2019

Appellant :- Ishuk Ali @ Yusuf

Respondent :- State Of U.P. Anr.

Counsel for Appellant :- Vikas Sharma

Counsel for Respondent :- Govt. Advocate,Sundar Lal

Hon’ble Anant Kumar,J.

Heard learned counsel for the appellant, the learned A.G.A. for the State as well as learned counsel for the private respondent and perused the record.

This criminal appeal has been filed by the appellant against impugned order dated 04.04.2018, passed by the Special Judge, POCSO Act/Additional Sessions Judge, Court No.1, Hardoi in Bail Application No.62 of 2018 (Ishuk Ali @ Yousuf Versus State of U.P.), arising out of Case Crime No.163 of 2017, under Section 377 IPC and Section 3/4 POCSO Act and Section 3 (2) 5 SC/ST Act, Police Station Beniganj, District Hardoi. Further a prayer has been made to enlarge the appellant/applicant on bail in the said case crime.

As per version of the F.I.R. on 02.07.2018 at 2.00 P.M. victim aged about 13 years had gone to pick the Blackberries (Jamun) near the pond in the northern side of the village where present appellant who also reached there committed unnatural offence with the victim. When the victim raised alarm, witnesses Shiv Kumar and Santosh came there, then the accused ran away from the scene of occurrence. Victim was taken to hospital for treatment. During the course of investigation statement of victim was recorded under Section 161 and 164 Cr.P.C. where he has supported the prosecution version.

Learned counsel for the appellant has stated that the medical examination report does not support the prosecution version. As per medical report no injury was found on the anus of the victim.

Opposing the prayer, learned A.G.A. has stated that the matter of injury was kept under observation and a slide was prepared and was sent for chemical examination. Slide was medically examined and as per the report of the slide, scanty presence of spermatozoa was found. Learned A.G.A. has read the statement of the witnesses Santosh who has supported the prosecution version and stated that on hearing the scream of child he had gone towards the bushes and had seen that the victim was lying there in a naked condition and appellant was also present there. There is no reason for false implication of the appellant in the case.

In view of the above mentioned reasons and circumstances, I do not find it to be a fit case for granting bail. Accordingly, the appeal is hereby rejected.

However, the trial court is directed to make every endeavour to conclude the trial expeditiously, preferably within a period of six months.

Order Date :- 28.1.2020

ML/-

 

 

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