Sachin v. State of U.P. and 3 Others
Case brief
What is this about?
The High Court rejected the bail application of Sachin, accused under POCSO and IPC sections. Despite claims of innocence and victim refusal to examine, the court found no good ground for bail, directing the trial court to expedite proceedings within six months.
What did the court decide?
Bail application rejected; trial court directed to complete trial within six months.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26445 of 2022
Applicant :- Sachin Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jitendra Kumar,Ramesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A on behalf of the State and perused the record.
The instant bail application has been filed on behalf of the applicant Sachin with a prayer to release him on bail in Case Crime No. 167 of 2022, under Sections 354, 354-Kha, 323, 506 IPC and Section 7/8 Protection of Children from Sexual Offences Act, 2012, P.S. Modinagar District Ghaziabad during pendency of the trial.
Learned counsel for the applicant states that the applicant is innocent and has been falsely implicated in the present case. The allegation in the FIR is that mother of the victim had gone somewhere leaving her daughter at home then the applicant came to the house of the informant where her daughter was alone. The applicant persuaded her daughter to come to his house and prepare food for him as his family members have gone somewhere with your mother. When the daughter of the informant reached the house of the applicant, he started molesting her and touching her body with malice intention. No offence under Sections 354, 354-Kha, 323, 506 IPC and Section 7/8 Protection of Children from Sexual Offences Act, 2012, is made out against the applicant. The victim has refused for medical examination. Applicant is not a previous convict and is languishing in jail since 22.4.2022.
Issues for consideration
3 issues framed by the court
Whether bail could be granted to the applicant accused of POCSO and IPC offences under the totality of the case materials presented.
Whether the trial court could be directed to expedite the trial proceedings within a specified timeframe.
If there were any good grounds for the grant of bail considering the allegations and victim's refusal for medical examination.
Parties & counsel
- applicant
Sachin
- respondent
State Of U.P.
Coram
Deepak Verma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/26445/2022
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