In this third bail application under Section 439 CrPC for offences under IPC 377, 506 and POCSO, the Court rejected the plea. The trial is about to conclude with no new grounds, the victim has supported the case, and bail is denied. The trial court is directed to conclude proceedings expeditiously.
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Neutral Citation No. - 2024:AHC-LKO:71739
Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10628 of 2023
Applicant :- Mosin @Mohsim Opposite Party :- State Of U.P. Thru. Secy. Home And Others Counsel for Applicant :- Devendra Pratap,Shashank Shekhar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant third bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in F.I.R./ Case Crime No.0571 of 2020, under Sections 377 and 506 IPC and 5/6 POCSO Act lodged at Police Station Aashiyana, District Lucknow.
3. In the second bail application of the applicant bearing no. CRIMINAL MISC. BAIL APPLICATION No. - 5652 of 2021 on 13.9.2022, the following order was passed:-
"1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. This is the second bail application moved on behalf of the applicant under Section 439 Cr.P.C. seeking bail in F.I.R./ Case Crime No.0571 of 2020, under Sections 377 and 506 IPC and 5/6 POCSO Act lodged at Police Station Aashiyana, District Lucknow.
3. The first bail application of the accused-applicant has been rejected by this Court vide order dated 18.01.2021, passed in Criminal Misc. Bail Application No.377 of 2021, which reads as under:
"1. Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.
2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0571 of 2020, under Sections 377 and 506 IPC and 5/6 POCSO Act lodged at Police
Station Aashiyana, District Lucknow.
3. The applicant is an accused of sodomizing 9 years child; the statement of the victim recorded under Section 164 CrPC fully corroborates the prosecution case.
4. The only submission made by the learned counsel for the accused-applicant is that the FIR is delayed by three months and, there is no medical report, supporting the version of the victim.
5. The Supreme Court, in catena of judgments, has held that the delay in such matter is not fatal, if otherwise the prosecution case is plausible; after expiry of three months, there would be no medical evidence to support the allegation, but the victim, who is 9 years old child, has fully supported the prosecution case in his statement recorded under Section 164 CrPC.
6. Considering the aforesaid, I do not find it a case of bail.
7. Thus, this bail application is rejected at this stage."
3. The victim has been examined in the Court, who has supported the prosecution case.
4. Considering the fact that the trial is going on and the victim has been examined, it would be appropriate to direct the trial court to conclude the trial expeditiously, preferably within a period of six months, subject to full cooperation by the accusedapplicant.
5. With the aforesaid observations/directions, bail application stands disposed of."
4. The contention of the learned counsel for the applicant is that while rejecting the second bail application of the applicant, the trial court was directed to conclude the trial within six months but the same has not been concluded during the said period.
5. From the perusal of the record, it appears that the statement of the accused/applicant has been recorded under Section 313 Cr.P.C. on 12.9.2024 and thereafter the date was fixed on 25.9.2024 and subsequent date has been fixed on 28.10.2024.
6. Considering the aforesaid facts and circumstances of the present case, it appears that the trial of the present case is about to concluded as well as there is no new ground in the present third bail application before this Court to intervene in the
matter, therefore, the the same is rejected. Consigned to record.
7. The trial court is further directed to conclude the trial proceedings within the earliest possible period of time subject to co-operation of the accused/applicant.
Order Date :- 24.10.2024 Anuj Singh
Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether bail should be granted considering the trial is nearing conclusion and no new grounds are presented.
Whether the failure of the trial court to conclude proceedings within six months warrants intervention.
Whether the accused warrants time extension given the prosecution case is well established by the victim's statement.
3 provisions across 3 enactments
Mosin @ Mohsim
State Of U.P.
Shree Prakash Singh
Anuj Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
