Sanjay Yadav v. State of U.P.
Case brief
What is this about?
Criminal Misc. Bail Application rejected. The copies of the judgment show the Learned Additional Public Prosecutor (A.G.A.) opposed the bail. The principles laid down by the Hon'ble Supreme Court in Kalyan Chandra Sarkar were considered to hold that time spent in incarceration does not entitle the accused to bail in heinous cases. No bail was granted.
What did the court decide?
Bail application rejected; trial court directed to expedite trial.
What the court decided
Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39492 of 2015 Applicant :- Sanjay Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Mohammad Jamil Akhtar,Manvendra Kumar Yadav,Rajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Supplementary affidavit filed today on behalf of the applicant is taken on record. Counter affidavit filed by learned A.G.A. is also taken on record.
Heard learned counsel for the applicant, learned A.G.A., and perused the record.
This bail application has been moved by the applicant Sanjay Yadav who is involved in Case Crime No.1020 of 2014, under Section 376 I.P.C. and Section 3-Kha and 4 of protection of Children From Sexual Offences Act, Police Station-Khadda, District-Kushinagar.
As per prosecution version, on 17.07.2014 at about 11.30 P.M. in the night applicant had committed rape on the prosecutrix aged about 8 years. Learned counsel for the applicant contended that applicant is languishing in jail since 18.07.2014 and trial has not concluded till now. Accordingly, applicant should be released on bail.
Per contra, learned A.G.A. opposed the prayer for bail and contended that allegation made against the applicant is heinous and serious in nature.
Hon'ble Supreme Court in Kalyan Chandra Sarkar Vs. Rajesh Ranjan @ Pappu Yadav and anr., 2004 7 SCC 528 (II) , has held that the accused has undergone certain period of incarceration by itself would not entitle the accused to being enlarged on bail.
Issues for consideration
2 issues framed by the court
Whether an accused charged with rape under IPC and POCSO Act should be released on bail after completing a period of incarceration.
Whether the trial court has been directed to expedite the trial proceedings.
Parties & counsel
- applicant
Sanjay Yadav
Coram
Umesh Chandra Tripathi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/39492/2015
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