Shankar v. State of U.P.
Case brief
What is this about?
Single Judge Court rejected bail application in a POCSO case involving attempt to rape an eight-year-old child but directed speedy trial under Section 309 Cr.P.C.
What did the court decide?
Bail rejected; trial directed to conclude within three months under Section 309 Cr.P.C.
What the court decided
Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 314 of 2018
Applicant :- Shankar Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Rejoinder affidavit filed on behalf of the applicant today, is taken on record.
This is an application for bail on behalf of Shankar, in Case Crime No. 0763 of 2017, under Sections 376, 511 IPC and section 8 of Prevention of Children from Sexual Offence Act, 2012, Police Station Kotwali Tirwa, District Kannauj.
Heard Sri Kaushlendra Singh, learned Advocate, holding brief of Sri Ajay Sengar, learned counsel for the applicant and Sri Sudhir Kumar Pathak, learned AGA along with Ashutosh Diljan, appearing on behalf of the State.
The submission of the learned counsel for the applicant is that he has been falsely implicated in the present crime on account of the fact that he is in business of supplying milk and had issues with the father of the prosecutrix, who has caused him to be falsely implicated by his daughter. Learned counsel for the applicant submits that there is contradiction between the First Information Report and the statement recorded under Section 161 Cr.P.C. and also the statement of other witnesses, which prima facie does not show him to be at all guilty. He has, in particular, laid emphasis on the fact that in the medico legal examination report, at page 32 of the paper book, no injury has been found on the person of the applicant.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant in the given facts and circumstances.
Whether the trial court should exercise its jurisdiction under Section 309 Cr.P.C. to conclude the trial expeditiously.
Parties & counsel
- applicant
Shankar
Coram
J.J. Munir
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/314/2018
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