In a bail application under POCSO and IPC for inappropriate sexual acts with a minor, the court denied bail due to graveness. However, it directed the trial judge to conclude the trial within one year.
Bail application dismissed; trial concluded within one year; coercive measures for witness attendance directed.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53891 of 2022
Applicant :- Manoj Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Sri Rajesh Kumar Pandey, learned counsel for the applicant and learned A.G.A for the State.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 569 of 2022 at Police Station Dibai, District Bulandshahar under Sections 354, 506 IPC and Section 7/8 POCSO Act. The applicant is in jail since 20.10.2022.
The bail application of the applicant was rejected by learned trial court on 07.11.2022.
The victim is a minor. The applicant is a school van driver. He committed inappropriate sexual acts with her. Primafacie there is likelihood that the applicant has committed the offence. The offence is grave in nature. At this stage, no case for bail is made out.
Without going into the merits of the case, the bail application is dismissed.
Shri Rajesh Kumar Pandey, learned counsel for the applicant contends that the applicant is in jail since 20.10.2022. The trial is moving at a snail's pace and is not likely to conclude anytime in the near future. Inordinate delay in concluding trial had lead to virtually an indefinite imprisonment of the applicant and violates the rights of the applicant to speedy trial.
The trial court has also to be conscious of the rights of the accused persons and is under obligation of law to ensure that all expeditious, necessary and coercive measures as per law are adopted to ensure the presence of witnesses. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel.
The trial court is directed to conclude the trial within a period of one year from the date of receipt of a certified copy of this order. The learned trial court shall proceed with the hearing on a day to day basis to ensure that the above stipulated timeline of one year is strictly adhered to. All
witnesses and counsels are directed to cooperate with the trial proceedings.
The learned trial court shall promptly take out all strict coercive measures against all the witnesses in accordance with law who fail to appear in the trial proceeding. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel.
Police and administrative authorities of the State are also directed to ensure that the coercive measures adopted by the court are promptly executed to ensure the presence of the witnesses on the appointed date before the trial court.
The trial judge shall submit a fortnightly report on the progress of trial and the steps taken to comply with this order to the learned District Judge.
A copy of this order be communicated to the learned trial judge through the learned District Judge, Bulandshahar by the Registrar (Compliance) by FAX.
Order Date :- 13.1.2023 Pravin
Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to an accused charged under POCSO and IPC regarding indecent assault on a minor.
How to expedite the trial in rape and POCSO cases to prevent indefinite imprisonment.
Manoj Kumar
State Of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
