Hon'ble Allahabad High Court rejected the second bail application filed by Rashid Tailor in an alleged POCSO offence. The court directed the trial court to conclude the trial expeditiously within three months.
Bail application rejected; Trial court directed to conclude trial within three months.
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. - 9 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31041 of 2021 Applicant :- Rashid Tailor Opposite Party :- State Of U.P And Another Counsel for Applicant :- Shyam Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
This is the second bail application of the applicant.
Heard learned counsel for the applicant, Sri Rajeshwar Singh, learned AGA for the State and perused the material placed on record.
The present bail application has been filed for enlarging the applicant on bail in Case Crime No. 343 of 2020, under Sections 377 and 3/4 of POCSO Act, Police Station- Civil Lines, District- Muzaffar Nagar.
It is submitted by the learned counsel for the applicant that he has been falsely implicated in the present case. It is next submitted that testimony of informant and victim have been completed. It is further submitted that they have turned hostile as they have given their statements in favour of applicant, therefore, applicant is entitled to be enlarged on bail. Applicant is having no criminal history. He is languishing in jail since 27.9.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, learned AGA has vehemently opposed the second bail application and submitted that statements of prosecution witnesses have been recorded and Court may direct the trial Court to conclude the trial at the earliest.
I have considered the rival submissions advanced by the learned counsel for the parties and perused the record. It is undisputed that statements of prosecution witnesses have been recorded.
Accordingly, the second bail application is rejected .
Keeping in view that the applicant is in jail since 27.9.2020, the trial court is directed to make all possible efforts to conclude the trial expeditiously, if possible, within a period of three months from the date of production of certified copy of this order.
Order Date :- 22.2.2022 Junaid
Digitally signed by JUNAID AHMAD Date: 2022.02.22 17:30:30 IST Reason: Location: High Court of Judicature at Allahabad
Rashid Tailor
Neeraj Tiwari
Junaid Ahmad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
