Shabbu v. State of U.P.
Case brief
What is this about?
The court rejected the bail application of the applicant charged with rape of a deaf and dumb minor, holding it not a fit case for bail. However, the court directed the trial court to expeditiously conclude the trial within four months to address the applicant's prolonged detention.
What did the court decide?
Bail application rejected; directed trial court to expedite trial within four months.
What the court decided
A compact analysis
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33475 of 2017
Applicant :- Shabbu Opposite Party :- State Of U.P. Counsel for Applicant :- Kamesh Kumar Arya 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. 253 of 2017, u/s 376, 452 IPC and 3/4 POCSO Act, P.S. Bhojpur, District Moradabad 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 the victim is aged about 13 years old girl and was also deaf and dumb and specific allegation of rape has been made against the applicant, I do not find it to be a fit case for enlarging the applicant on bail.
The bail application is, accordingly, rejected.
However, keeping in view the applicant is in jail since 27.5.2017, 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 :- 24.8.2018 Dhirendra/
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving rape on a deaf and dumb minor under sections 376 and 452 IPC and POCSO Act.
Whether the trial court should expedite the trial in the interest of justice given the applicant's prolonged incarceration.
Parties & counsel
- applicant
Shabbu
Coram
Rajul Bhargava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/33475/2017
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