Alok Jagdish Yadav v. the State of Maharashtra
Case brief
What is this about?
High Court of Judicature at Bombay rejected bail application in a POCSO case involving sexual assault on a 5-year-10-month-old child. The court held that despite the long trial delay, the heinous nature of the offence and victim's age made it an unfit case for bail. Trial was directed to conclude within one year.
What did the court decide?
Bail application rejected; trial directed to be concluded within one year.
What the court decided
02-BA-528-2023.doc
Arjun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.528 OF 2023
Mr. Alok Jagdish Yadav …Applicant
Versus
The State of Maharashtra …Respondent
Mr. Bhaskar Jha a/w Abhishek Dubey, for the Applicant.
Mr. P. H. Gaikwad, APP, for the Respondent-State.
CORAM : MADHAV J. JAMDAR, J. DATED : MARCH 07, 2024
P.C.:
1. Heard Mr. Jha, learned Counsel for the Applicant and Mr.
Gaikwad, learned APP for the Respondent-State.
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the applicant accused of sexual assault upon a child aged under six years.
Whether the protracted trial period constitutes a fit case for bail in a heinous POCSO offence.
Whether the Victim's DNA match and identification preclude relief on grounds of inconclusive evidence.
Parties & counsel
- applicant
Arjun
- respondent
The State of Maharashtra
Coram
MADHAV J. JAMDAR
Case details
As recorded by the court registry
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