Court observed applicant's counsel admitted unawareness of POCSO Act provisions and non-joinder of necessary parties allowing withdrawal of bail application with liberty to file fresh one.
Leave to withdraw bail application with liberty to file fresh bail application after studying POCSO Act provisions.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14482 of 2021
Applicant :- Vishal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shobhit Pathak,Satish Kumar Counsel for Opposite Party :- G.A.,Mukesh Joshi
Hon'ble Ajay Bhanot,J.
Sri Shobhit Pathak, learned counsel for the applicant is not aware of the provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012 read with POCSO Rules, 2020 . He could not assert or satisfy the Court whether the provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012 read with POCSO Rules, 2020 in regard to the protection of the victim has been satisfied and the steps taken by the applicant in that regard. The bail application is also incompetence for non joinder of necessary parties. The informant has been impleaded as a party.
According to Sri Shobhit Pathak, learned counsel for the applicant, the informant is the father of the victim and his full details have been specified in the bail application. He however, fairly concedes that he needs to study the Protection of Children from Sexual Offences (POCSO) Act, 2012 read with POCSO Rules, 2020 before filing the bail application.
Sri Shobhit Pathak, learned counsel for the applicant prays for and is granted leave to withdraw the bail
application with liberty to file a fresh bail application after studying the provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012 read with POCSO Rules, 2020 .
The bail application is dismissed with the aforesaid liberty.
Order Date :- 1.12.2021 Ashish Tripathi
2 issues framed by the court
Whether the applicant satisfied the court regarding provisions of POCSO Act concerning victim protection and necessary joinder of parties for bail.
Whether the bail application was incompetent for non-joinder of necessary parties under POCSO Act.
1 provisions across 1 enactments
Vishal
State of U.P.
Ajay Bhanot
As recorded by the court registry
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