The High Court rejected the bail application in a case under Section 376-AB IPC and POCSO Act. Finding the allegations grave and the offence established, the court held it was not a fit case for bail but directed the trial court to expedite proceedings.
Bail application rejected; trial court directed to expedite trial within six months.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9104 of 2022
Applicant :- Nasir Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kapil Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard Mr. Kapil Tiwari learned counsel for the applicant, learned Additional Government Advocate for the State and perused the material available on record.
By means of this application, the applicant is seeking enlargement on bail during the trial in Case Crime No.507 of 2019, under Section 376-AB IPC and 5/6 POCSO Act, Police Station Sahaswan, District Budaun.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case due to party bandi. The applicant has never committed any offence as alleged in the impugned FIR. There are material contradictions in the statement of the victim. During trial, the statement of the victim has been recorded in which she has not supported the prosecution version and has turned hostile. No offence under Sections 376AB IPC and Section 5/6 POCSO Act is made out against the applicant. Further contention is that as per medical report, no internal or external injury has been found all over the body of the victim. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. Lastly, it is argued that the applicant is languishing in jail since 03.11.2019 having no previous criminal history.
Per contra, learned A.G.A. has vehemently opposed the prayer for bail to the applicant and has submitted that the applicant was arrested on spot while committing the alleged offence. The victim was aged about 8 years at the time of alleged offence. Prima facie, the offence is made out against the applicant.
Considering the facts and circumstances of the case as well as submission advanced by learned counsel for the parties, nature of allegations, gravity of offence and all attending facts and circumstances of case, the Court is of the opinion that it is not a fit case for bail.
Accordingly, the bail application is rejected .
However, keeping in view the period of detention of the applicant, learned trial Court is directed to expedite the trial and to decide the same expeditiously, preferably within a period of six months from the date of production of certified copy of this order.
A copy of this order be forwarded to the concerned court below for necessary compliance.
Order Date :- 18.11.2022 Ajeet
Digitally signed by AJEET KUMAR PATEL Date: 2022.11.18 16:26:50 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether to grant bail to the applicant accused under Section 376-AB IPC and POCSO Act.
Whether the trial court should expedite the proceedings given the period of detention.
Nasir
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
