Single judge of Court No. 90 rejected bail application of Shobi accused in POCSO and other offences. Court found it not a fit case for bail without expressing opinion on merits and directed expeditious trial.
The bail application of the applicant is rejected. The trial court is directed to conclude the trial expeditiously within one year.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6610 of 2021
Applicant :- Shobi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajpal, Avinash Pandey, Pradeep Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant through video conferencing. Learned A.G.A. is present in the Court.
This is a bail application on behalf of the applicant Shobi in connection with Case Crime No.511 of 2020, under Sections 363, 366, 376, 506 I.P.C. and under Section 3/4 of POCSO Act, Police Station Kairana, district Shamli.
The First Information Report of this incident was got lodged by complainant about the disappearance of his sister, Shumaila who was aged about about 14 years of age against two named persons including the applicant. It was alleged that the complainant's sister Alisha told him that the applicant used to force her to talk and when she did not talk the applicant used to give threatening to kill her. It was further alleged in the first information report that on 06.11.2020 complainant's sister was called forcibly by the applicant who misbehaved with her in indecent manner. It was told to the complainant by his sister Alisha just after disappearance of Shumaila.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He next submits that the first information report was lodged by the complainant alleging therein that his sister Shumaila was not traceable. He further submitted that the applicant has nothing to do with the commission of crime. He lastly submits that the applicant is languishing in jail since 18.12.2020 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Per contra learned A.G.A. has opposed the prayer for bail and submitted that the applicant was continuously harassing the sister of the complainant and the sister of the complainant in her statement under Section 164 Cr.P.C. has specifically stated that the applicant had called her and beaten her and forcibly raped her. She further stated that she had not told the incident to anybody due to fear. She further states that she was forced to talk with the applicant and if she will not talk with the applicant then she was threatened that her brother will be killed, in view of the above the applicant is not entitled to be enlarged on bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court does not find it to be a fit case for bail. However, learned trial court is directed to conclude the trial expeditiously, preferably within one year after normal functioning of the courts without granting unnecessary adjournments to either of the parties.
Accordingly, the bail application stand rejected .
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.6.2021 R./
3 issues framed by the court
Whether the applicant is entitled to bail in connection with offences under Sections 363, 366, 376 IPC and POCSO Act.
Whether the nature of allegations and gravity of offence justify the refusal of bail in a fit case.
Whether the trial court should conclude the trial expeditiously within one year.
3 provisions across 3 enactments
Shobi
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
