Single judge rejected regular bail for an accused facing rape charges under POCSO and SC/ST POA Acts, citing trial stage. Directed trial court to conclude trial within four months.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No.7130 of 2022
Shivnath Singh …… Petitioner
Versus The State of Jharkhand ….. Opp. Party
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
--------- For the Petitioner : Mr. S. K. Mishra, Advocate For the State : Mr. Sanat Kr. Jha, A.P.P ---------
05/Dated: 18th July, 2022
1. Heard learned counsel for the applicant and learned A.P.P.
2. The applicant, who is in custody since 30.12.2020, has approached this Court for grant of regular bail in connection with Spl. POCSO Case No.11 of 2021, arising out of Ghaghra P.S. Case No.200 of 2020, registered for the offence under Section 376(3) of the Indian Penal Code, Sections 4/ 6 of the POCSO Act and Sections 3(1)(r)(s)(w)/ 3(2)(v) of the SC/ ST (POA) Act.
3. It appears that the applicant has been made an accused of committing rape upon a minor girl.
4. Learned counsel for the applicant claims innocence of the applicant and it has been submitted that the victim and the mother of the victim have been declared hostile and there is no chance of conviction of the applicant. On the above facts prayer for bail has been made.
5. On the other hand, learned A.P.P has opposed the prayer for bail.
6. Considering the stage of the trial, I am not inclined to enlarge the applicant on bail at this stage. Accordingly, the prayer for bail of the applicant is, hereby, rejected.
7. However, the trial court is directed to expedite the trial and conclude it as early as possible, preferably within four months from the date of receipt of copy of this order.
(Rajesh Kumar, J.)
Chandan/-
1 issue framed by the court
Whether the appellant should be granted regular bail at the current stage of the trial proceedings.
Shivnath Singh
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
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