HC issues guidelines for bail pleas under Pocso Act
The high court laid down a time frame for service of notice of bail application to the child welfare committee (CWC) and thereafter listing of bail application before high court for the case hearing
The Allahabad high court, while dealing with a bail matter under the Pocso Act, has laid down a time frame for service of notice of bail application to the child welfare committee (CWC) and thereafter listing of bail application before high court for its hearing on merit.
It will ensure that bail applications involving Pocso (Protection of Children from Sexual Offences) Act are listed timely before court and version of the victim is also heard before passing any order on bail application.
Justice Ajai Bhanot passed the order while hearing a bail application filed by one Junaid of Siddharthnagar, an accused under Pocso Act.
The court said that on service of notice to government advocate office at high court, before moving bail application, the police station concerned will ensure serving of bail notice within three days to CWC and within five days to the family members of child concerned.
The bail application will be placed before court for hearing on completion of 10 days after service of notice to GA office, the court added.
The court directed the director general of police, UP to ensure compliance of its directions including nomination of officials for the same.
The court further directed, “The registry shall ensure that the child or its parents are not joined as parties to the bail application by name. It should also be ensured that any other information like address or neighbourhood which will reveal the identity of the child shall not be stated in the bail application.”
Considering the facts of the case, the court granted bail to the accused Junaid with directions that he must not misuse the bail and shall co-operate in the trial.
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