The court rejected a second bail application filed by Akshay Kumar for a POCSO case involving a minor victim. The court found no new grounds and noted conflicting victim statements, declining bail and directing the court to conclude the trial within six months.
Granted no bail; trial to be concluded within six months.
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Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43497 of 2021
Applicant :- Akshay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suresh Singh,Rishi Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is second bail application. The first being Criminal Misc. Bail Application No. 23148 of 2017 was rejected by me on merits vide order dated 19.11.2020.
This application has been filed by the applicant seeking bail in Case Crime No. 0182 of 2019, under Sections 376-D, 323 IPC and Section 3/4 of POCSO Act, Police Station Puranpur, District Pilibhit, during pendency of trial.
Learned counsel for the applicant has submitted that victim is a major girl and she is also a consenting party and the applicant is in jail since 20.06.2020, as such, he be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for bail of the applicant and has drawn the attention of the Court to the statement of the victim recorded under Section 164 CrPC, in which, she has categorically stated that she is 15 years of age and is a minor and specific allegation of committing rape upon her has been made against the applicant.
Learned AGA has further submitted that no new ground has canvassed by counsel for the applicant to release the applicant on bail.
Having considered the rival submissions made by learned counsel for the parties and looking to the nature, gravity and seriousness of accusation, I am not inclined to grant bail to the applicant at this stage. Accordingly, this second bail application is also rejected.
However, trial court is expected to make all endeavours to conclude the trial within a period of six months from the receipt of certified copy of this order, without granting any unnecessary adjournment to either of the parties, if there is no other legal impediment in concluding the trial.
Order Date :- 11.4.2022 Nadim
Digitally signed by NADIM ALAM Date: 2022.04.13 09:31:33 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the accused facing charges under the POCSO Act and IPC in respect of a minor victim.
Whether the decision in the first bail application constituted a sufficient ground for the second application.
4 provisions across 3 enactments
Akshay Kumar
State of U.P.
Rajiv Gupta
Nadim Alam
As recorded by the court registry
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