BAIL APPLN./3891/2024 of SHIV MANGAL Vs STATE NCT OF DELHI AND ORS.
Parties
- SHIV MANGAL (PETITIONER)
- STATE NCT OF DELHI AND ORS (RESPONDENT)
Cites (1)
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3891/2024, CRL.M.A. 32157/2024 &CRL.M.A. 32158/2024
SHIV MANGAL .....Applicant Through: Mr. Rohit Singh & Mr. Sujit Kumar, Advs.
versus
STATE NCT OF DELHI AND ORS. .....Respondents Through: Mr. Naresh Kumar Chahar, APP for the State SI Monika Singh, PS- Prem Nagar
CORAM:HON'BLE MR. JUSTICE AMIT MAHAJAN
O R R24.10.2024
1.The present application is filed seeking regular bail in FIR No. 706/2021 dated 12.11.2021 registered at Police Station Prem Nagar for offence under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’),
2.The learned counsel for the applicant, at the outset, submits that in terms of Section 35(2) of the POCSO Act, the trial should be concluded within period of one year from the date of taking cognizance.
3.He submits that the applicant has been falsely implicated in the present case and the delay in trial is causing grave hardship to the applicant.
4.He submits that he would be satisfied if the Trial Court is directed to expedite the trial and liberty is given to the applicant to file the application afresh if the trial does not conclude within period of six months.
5.In view of the above, the present application is dismissed as withdrawn with liberty to file afresh if the prosecution evidence does not conclude within period of six months.
6.Considering that the victim is three-and-a-half-year-old, the FIR was registered for offence under the POCSO Act, the learned Trial Court is requested to expedite the recording of evidence.
OCTOBER 24, 2024 “SS”
AMIT MAHAJAN, J