In a second bail application during a trial for offenses under IPC 363, 376, and the POCSO Act, the bail was refused due to lack of new grounds. The trial court was directed to conclude the trial within one year.
Prayer for bail refused. Trial court directed to conclude trial within one year.
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Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16176 of 2022
Applicant :- Shiv Kumar @ Jhaloo Opposite Party :- State Of U.P Through Secretary Home And Another. Counsel for Applicant :- Bhaiya Lal Yadav,Girja Shankar Yadav,Siddharth Singh Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A. G. A. on behalf of the State and perused the record.
This is the second bail application moved on behalf of the applicant, Shiv Kumar @ Jhaloo seeking bail in Case Crime No.91 of 2021, under Sections 363, 376 I.P.C. & 5/6 POCSO Act, Police Station Sujanganj, District Jaunpur.
Learned counsel for the applicant has failed to make out any new ground for enlarging the applicant on bail.
Hence, the prayer for enlarging the applicant on bail is refused.
Learned counsel for the applicant has stated that the trial is in static motion after framing of charge and thereafter trial has not made any progress.
Considering the peculiar facts and circumstances of the case, the trial court is directed to conclude the trial expeditiously preferably within a period of one year from the date of production of certified copy of this order.
Order Date :- 6.4.2023
HR
Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail given the lack of new grounds or trial progress.
Shiv Kumar @ Jhaloo
State Of U.P Through Secretary Home
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
