In a bail application for offences under IPC and PCPOCSO, the Court disposed of the plea by directing the Court concerned to expedite and conclude the trial within one year, allowing a fresh application if delayed.
Direction to the Court concerned to expedite the trial and conclude the same within a period of one year.
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Neutral Citation No. - 2023:AHC-LKO:42699
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1922 of 2022
Applicant :- Salman
Opposite Party :- State Of U.P.Thru.Prin.Secy.Home Lko And 3 Others Counsel for Applicant :- Sandeep Singh,Amit Kumar Awasthi,Anand Kumar Shukla,Anupesh Kumar,Rajeev Kumar Mishra Rudra Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. Present application has been filed by the applicant seeking enlargment on bail in connection with FIR No.443 of 2021, under Section 376, 506 IPC, Section 3/4 of Protection of Children from Sexual Offences Act and Section 3(2)5 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, P.S. Kotwali Dehat, District Bahraich.
3. Contention of learned counsel for the applicant is that the applicant is in custody since 23.10.2021 and the trial has not even started; only charges have been framed till date. He, thus, that the applicant cannot be kept in custody as an under-trial for an indefinite period as it violates his right under Article 21 of the Constitution of India.
4. I have seen the nature of the allegations wherein in the FIR it was alleged that the victim was raped by the applicant; statement under Section 161 & 164 Cr.P.C. also corroborate the FIR version. However, the fact remains that the trial has not even started properly and no witnesses have been adduced.
5. In view of the above, the present bail application is disposed off with direction to the Court concerned to expedite the trial and conclude the same within a period of one year, if possible.
6. In case the trial is not concluded by that time, the applicant would be at liberty to file a fresh bail application.
Order Date :- 4.7.2023
nishant
Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant should be granted bail given the long period of custody without a started trial.
Whether the delay in trial violates the applicant's right to personal liberty under Article 21.
7 provisions across 5 enactments
Salman
State Of U.P.
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
