Court rejected bail application filed by Yogendra Kumar Mishra in a crime case involving sexual offences and POCSO, finding no grounds for grant, but directed expedited trial within eight months under Section 309 Cr.P.C.
Bail application rejected; trial directed to be concluded within eight months.
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24524 of 2022
Applicant :- Yogendra Kumar Mishra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dharmendra Shukla,Sr. Advocate Counsel for Opposite Party :- G.A.,Subhash Chandra Tiwari
Hon'ble Vivek Kumar Singh,J.
2. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 324 of 2021, under Sections 376, 506, 328 I.P.C. and Section 3/4 of POCSO Act and Section 67 I.T. Act, Police Station Kotwali, District Prayagraj.
3. After hearing the learned counsel for the applicant and learned counsel for the complainant and learned A.G.A., and after perusing the averments made in the present bail application as well as rejection order, this Court is of the opinion, that learned counsel for the applicant could not point out any good ground for grant of bail to the applicant.
4. Accordingly, the bail application filed on behalf of the applicant is hereby rejected .
5. However, it is directed that the trial of the aforesaid case pending before the concerned court below be concluded expeditiously, preferably within eight months in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702 , if there is no legal impediment.
Order Date :- 17.10.2022 Dev/-
Digitally signed by DEV PRAKASH Date: 2022.10.18 11:36:43 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to release on bail in a case involving offences under Sections 376, 506, 309 IPC and POCSO Act.
Colour shows how this judgement treated each authority
Vinod Kumar v. State of PunjabApplied¶9
2015 (3) SCC 220 · Who else cites this
Hussain and Another v. Union of IndiaApplied¶9
2017 (5) SCC 702 · Who else cites this
1 provisions across 1 enactments
Yogendra Kumar Mishra
Vivek Kumar Singh
As recorded by the court registry
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