Hon'ble Suneet Kumar J. rejected the bail application of Shavej in a case involving sexual offences against a minor. The court held the offence is non-compoundable and served no good ground for release despite allegations of victim retraction.
Bail application rejected. Trial directed to be concluded expeditiously.
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Court No. - 34 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22576 of 2020 Applicant :- Shavej Opposite Party :- State of U.P. Counsel for Applicant :- Shashank Kumar,Zabir Ali Counsel for Opposite Party :- G.A.,Ashutosh Kumar Yadav
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, learned counsel appearing for informant and learned A.G.A.
This bail application has been moved to enlarge the applicant on bail in Case Crime No. 192 of 2019, under Sections 376(2)(Gha) I.P.C. and Section 3/4 POCSO Act, Police Station Mansoorpur, District Muzaffar Nagar.
As per prosecution case, victim, aged about eight years, was subjected to harassment and sexual torture; the prosecution version is substantiated in the statement under Section 161 and 164 Cr.P.C. It is alleged by learned counsel for the applicant that during the cross examination, victim retracted from the prosecution version.
Learned A.G.A. and learned counsel appearing for informant vehemently oppose the prayer for bail and point out that victim has categorically stated that matter has been settled outside the Court. The offence is not compoundable. It is not in the public interest to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant. Accordingly, the bail application is rejected.
The trial court is directed to expedite the trial of the aforesaid case and conclude the same expeditiously from the date of production of a certified copy of this order, if, there is no legal impediment.
The Registrar General of this Court is directed to send a copy of this order to the learned trial court for compliance.
Order Date :- 15.10.2020
P. Sri.
3 issues framed by the court
Whether the applicant should be enlarged on bail in a case involving sexual offences under Section 376(2)(Gha) IPC and POCSO Act.
Whether the victim's alleged retraction during cross-examination constitutes sufficient grounds for bail.
Whether the matter considered settled outside court impacts the public interest in granting bail.
Shavej
Suneet Kumar
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
