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Judgment
Heard the parties through video conferencing.
The petitioner has been made accused in connection with Masalia P.S. Case No.31 of 2019 corresponding to G.R. No.593 of 2019 (S.T. No.226 of
2019) registered under Sections 376 of the Indian Penal Code.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed rape upon the victim. It is
submitted that the allegation against the petitioner is false. It is further submitted that though in her statement recorded under Section 164 Cr.P.C., the
victim has supported the case of the prosecution but in the meanwhile charge-sheet has been submitted in this case. It is next submitted that the
petitioner has been in custody since 08.07.2019 as is evident from para-1 of the instant bail application. Hence it is submitted that the petitioner be
released on bail.
Learned Addl. P.P. appearing for the State vehemently opposes the prayer for bail and submitted that in view of serious allegation of commission of
rape upon the victim, there is every chance of the petitioner absconding if released on bail. Hence, it is submitted that the petitioner ought not be
released on bail.
Considering the serious nature of allegation against the petitioner of committing rape upon the victim, this Court is of the considered view that this is
not a fit case where the above named petitioner be released on bail. Accordingly, the prayer for bail of the above named petitioner is rejected.
Keeping in view the period of custody undergone by the petitioner and the serious nature of offences involved in this case, notwithstanding any order
in administrative side of this Court, the trial court is directed to take up the trial of the case expeditiously and to conclude the trial within six months
from the date of receipt of this order by the trial Court. It is made clear that the trial be conducted and witnesses be examined by observing the
precautions relating to COVID-19 pandemic.