Recently Allahabad High Court has refused to grant bail to a Hafiz (priest) of a mosque who was accused of molesting a nine-year-old girl.
The Hafiz was charged as per Section 354 of the Indian Penal Code and Sections 9 and 10 of the POCSO Act and filed a bail application which was heard by Hon’ble Justice Neeraj Tiwari.
Contentions raised before the Court.
Counsel for the applicant submitted that the applicant was innocent and was falsely implicated in the case.
It was argued that the FIR was lodged to spoil the career of the applicant.
It was further argued that the applicant had no criminal history and he has been incarcerated since 25.06.2020.
Learned counsel for the respondent state opposed the bail application and argued that the applicant was unable to prove that the case was filed to tarnish his image or career.
Learned AGA also submitted that Hafiz was accused of committing a heinous crime and therefore he is not entitled to bail.
Decision of the Court
Based on the circumstances and facts of the case, nature of the offence,
the gravity of the offence the Court held that the applicant should not be released on bail.
Allahabad High Court directed the trial court to conclude the trial expeditiously, if possible.
Accordingly, the application of bail was dismissed.
Title: Hasim vs State of UP and Another
Case No.: CRIMINAL MISC. BAIL APPLICATION No. – 30529 of 2020
Date of Order: 01.10.2020
Coram: Hon’ble Justice Neeraj Tiwari