Single judge rejected bail application in POCO case involving attempted rape of a minor. Court held no grounds exist for bail release.
Bail application rejected; trial concluded within one year.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12625 of 2022
Applicant :- Vishnu Sharma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A.,Krishna Dutt Tiwari
Hon'ble Siddharth,J.
List has been revised.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
The instant bail application has been filed on behalf of the applicant, Vishnu Sharma, with a prayer to release him on bail in Case Crime No. 34 of 2021, under Sections- 363, 366, 376 I.P.C and Section 5(j)(ii)/6 POCSO Act, Police Station - Majhola, District - Moradabad.
There is allegation of rape of minor girl against the applicant after her enticement with intention to marry. From the statement of the victim recorded under Section 164 Cr.P.C., it appears that she has claimed her age as 17 years. Therefore, her consent will be of no value under law.
This Court after hearing the learned counsels for the parties does not finds any ground for enlarging the applicant on bail at this stage.
The bail application is accordingly, rejected.
The trial court is directed to conclude the trial against the applicant as expeditiously as possible, preferable within a period of one year from the date of production of certified copy of this order.
Order Date :- 9.9.2022 Rohit
Digitally signed by ROHIT DAS Date: 2022.09.10 13:29:47 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether reasonable grounds exist to be enlarged on bail in a POCO case involving rape of a minor.
Whether the trial court should conclude the trial expeditiously.
Vishnu Sharma
State Of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
