In a bail application regarding alleged attempted rape of a minor under IPC and POCSO, the High Court rejected bail due to serious charges. The court directed the trial court to conclude the trial within four months of the certified copy.
Bail application rejected; trial directed to conclude within four months of production of certified copy.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27574 of 2018
Applicant :- Srikrishn @ Ramkrishn Opposite Party :- State Of U.P. Counsel for Applicant :- Jitendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
The present bail application has been filed by the applicant in Case Crime No. 725 of 2017, u/s 376, 511, 506 IPC and 7/8 POCSO Act, P.S. Madhotanda, District Pilibhit with the prayer for enlarging him on bail.
Having heard learned counsel for the applicant, learned AGA for the State and considering the fact that there are serious allegations against the applicant, who is father of the prosecutrix and as per school record, she is aged about 13 years, she has also supported version that the applicant in an inebriated state had attempted to commit rape on her and it was chance her mother reached there and the applicant could not succeed in it, I do not find it to be a fit case for enlarging the applicant on bail.
The bail application is, accordingly, rejected.
However, the trial court is directed to expedite the trial and conclude the same preferably within the period of four months from the date of production of the certified copy of this order before the trial court.
Order Date :- 6.8.2018 Dhirendra/
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving serious allegations of attempted rape on a 13-year-old girl under Section 7/8 POCSO Act and related IPC offences.
Whether the trial court is directed to expedite the trial in a POCSO case.
5 provisions across 2 enactments
Srikrishn @ Ramkrishn
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
