Criminal Procedure Code, 1973
Section 439—Regular bail—Penetrative sexual assault—Rejection of application by the High Court—Appeal—Appellant has been facing trial in connection with a crime registered under Sections 376 and 354 of IPC along with Sections 4, 8 & 12 of the POCSO Act—Submission that despite the order passed by the Apex Court, the appellant who is in incarceration for the last three and half years has not been produced before the Special Court—Charges have not been framed against the appellant—There is a delay in the prosecution of the case as against the appellant, consequently, the appellant has been prejudiced inasmuch as the bail plea has been rejected—Considering the facts on record, the case for bail is made out—Appeal allowed.
[Paras 7 & 10]