The accused, Aslam Kalim Shaikh, was arrested in December 2020 and was charged for offences under various provisions of the Indian Penal Code including rape and also for offences under the Protection of Children from Sexual Offences Act (POCSO Act).
He moved the Court for bail citing delay in trial.
The Court noted that despite the charges being framed in February 2022, the trial had not advanced due to the State’s lack of diligence.
It emphasized the importance of adhering to Article 21 of the Constitution, which guarantees the right to speedy trial irrespective of the nature of the crime.
The Court criticized both the State and the trial court for their lack of urgency, which led to the prolonged incarceration of the accused without a timely trial despite the gravity of charges.
Hence, it granting bail to Shaikh subject to furnishing personal bond of ₹50,000 along with the assurance that he would not tamper with evidence, contact the victim or miss any trial dates.
Source: Barandbench
