Bail application rejected for accused facing POCSO charges. Court noted medical report corroborated FIR and trial is advanced, precluding bail. Directed trial court to complete trial within six months.
Bail application rejected; trial concluded within six months directed.
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Neutral Citation No. - 2023:AHC:196508
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4909 of 2020
Applicant :- Shamshad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
submitted that allegation against the applicant is serious and as per the allegation, he committed unnatural sex with the daughter of the informant aged about six years and daughter of the informant also supported the version of the FIR and even her medical report corroborates the allegation leveled against the applicant.
Order Date :- 11.10.2023 KK Patel
Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad
2 issues framed by the court
Whether applicant should be released on bail given the nature of charges involving a minor and the advanced stage of trial.
Whether the trial court is directed to conclude the trial within a specific timeframe to address prolonged detention.
Shamshad
State of U.P.
Another
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
