Bail application rejected as trial nearing conclusion; trial court directed to complete trial within six months and ensure witness appearance.
Bail application dismissed; trial to conclude within six months.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25953 of 2021
Applicant :- Munni Lal Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- A.C.Tiwari(Ac),Atal Bihari Tripathi Counsel for Opposite Party :- G.A.,Shitlesh Pandey
Hon'ble Ajay Bhanot,J.
Heard Shri A.C. Tiwari, learned counsel assisted by Shri Atal Bihari Tripathi, learned counsel for the applicant, Shri Indra Prakash Srivastava, learned AGA for the State and Shri Shitlesh Pandey, learned counsel for the informant.
A first information report was lodged against the applicant as Case Crime No.0063 of 2021 under Section 376(A)(B) IPC and Section 3/4 of the POCSO Act, Police Station-Dullahpur, DistrictGhazipur.
The bail application of the applicant was rejected by learned Incharge Additional Sessions Judge/Special Judge (POCSO Act)-II, Ghazipur on 18.05.2021.
The applicant is in jail since 27.03.2021, pursuant to the said F.I.R.
Shri A.C. Tiwari, learned counsel assisted by Shri Atal Bihari Tripathi, learned counsel for the applicant as well as Shri Shitlesh Pandey, learned counsel for the informant contend that most of the
prosecution witnesses have been examined.
A perusal of the material in the records dissuades the Court from granting bail at this stage. No further observations are being made as the trial is near conclusion.
The learned trial court is directed to conclude the trial within a period of six months from the date of receipt of a certified copy of this order.
All the witnesses are directed to cooperate in the trial proceedings so as to ensure that the same is concluded within a stipulated time frame.
The learned trial court is also commanded to ensure that the appropriate measures in law shall be taken against the witnesses who do not appear before the trial court on the date fixed.
Order Date :- 23.2.2022 Ashish Tripathi
Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.02.24 17:04:59 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted in a POCSO and IPC offence case where the trial is near conclusion.
Whether the trial court should be directed to conclude the trial within a stipulated time frame.
Whether witness cooperation can be mandatorily directed to expedite trial proceedings.
Munni Lal Chauhan
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
