The Hon'ble Court rejected the bail application of the applicant falsely implicated in a POCSO case. The court directed the trial court to expedite the trial and conclude it within six months.
Bail application rejected. Trial court directed to conclude trial within six months.
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Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23885 of 2015
Applicant :- Dinesh Kushwaha Opposite Party :- State Of U.P. Counsel for Applicant :- Sudhir Kumar Singh,Adya Prasad Tewari,Sheo Shankar Tripathi Counsel for Opposite Party :- Govt.Advocate,B.K.Tripathi
Hon'ble Ramesh Sinha,J.
Heard Sri Ram Krishna Dubey, holding brief of Sri S.K. Singh, learned counsel for the applicant, Sri G.P. Singh, learned A.G.A. for the State and perused the record. Sri B.K. Tripathi, learned counsel for the complainant is not present though the matter has been called out in the revised list.
Learned counsel for the applicant states that the applicant has been falsely implicated in the present case. The applicant is in jail since 28.3.2015 and trial has not yet been concluded.
Learned AGA opposed the prayer for bail and submitted that the victim aged about ten years has deposed against the applicant. The trial is in progress.
Without expressing any opinion on the merits of the case and considering the submissions advanced, I find that no good ground is made out for enlarging the applicant on bail.
The bail application of the applicant Dinesh Kushwaha, involved in case crime no.385 of 2015, u/s 376(2) Jha IPC and 5/6 POCSO Act, P.S. Nichlaul, district Maharajganj is, accordingly, rejected .
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within a period of six months from the date of production of certified copy of this order before the trial court if the same has already not been concluded.
The applicant is directed to produce the certified copy of this order before the trial court for it's compliance.
Order Date :- 4.5.2018
Gaurav
2 issues framed by the court
Whether good grounds have been made out for enlarging the applicant on bail.
The trial court to expedite the trial and conclude the case within six months.
Dinesh Kushwaha
State Of U.P.
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
