Court rejected bail application of Rajesh Sahu accused of sexual offences under POCSO Act and IPC. Trial expedited within eight months despite jail detention since February 2018.
Bail rejected; trial to be concluded within eight months of production of certified copy of this order.
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Court No. - 1 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23189 of 2018 Applicant :- Rajesh Sahu Opposite Party :- State Of Up Counsel for Applicant :- Usha Srivastava,Jitenrda Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
Heard Sri Lal Chandra Mishra, holding brief of Smt. Usha Srivastava learned counsel for the applicant, Sri Amit Singh Chauhan, learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submits that the FIR which was lodged by the father of the prosecutrix gives a different version to that of the statement of the prosecutrix recorded under Section 164 Cr.P.C. There are grave material contradictions in the statements of the prosecution witnesses and there is no independent witness. The applicant is in jail since 22.2.2018.
Learned A.G.A. vehemently opposed the prayer for bail and submitted that the victim is a minor girl aged about 14 years and she has also supported the prosecution case in her statements recorded under Sections 161 Cr.P.C. & 164 Cr.P.C.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant-Rajesh Sahu involved in Case Crime No. 32 of 2018, under Sections 354, 376 I.P.C. and under Section 6 of POCSO Act, 2012, Police Station Mau, District Chitrakoot.
Accordingly, the bail application is rejected .
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of eight months from the date of production of a certified copy of this order, if, there is no legal impediment.
Applicant is directed to produce a certified copy of this order before the trial Court concerned for its compliance.
Order Date :- 25.6.2018/NS
1 issue framed by the court
Whether bail under Section 437 CrPC can be granted to an accused implicated under Section 376 IPC and Section 6 of POCSO Act, 2012.
3 provisions across 2 enactments
Rajesh Sahu
Ramesh Sinha
As recorded by the court registry
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