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Judgment
The instant appeal under section 21(4) of the National Investigation Agency Act, 2008 has been directed against the order dated 03.09.2024 passed by the learned Additional Sessions Judge-III-cum-Special Judge, POCSO Act, Hazaribag in Misc. Crl. Application No.1540 of 2024 arising out of Spl. POCSO Case No.41 of 2022 whereby and whereunder the prayer for regular bail of the appellant in connection with Barkagaon P.S. Case No.74 of 2024 registered for the offence under Sections 363, 370A, 34 of the Indian Penal Code and Section 8 of POCSO Act has been rejected.
The matter was heard on 09.01.2025 and on that day based upon the reference of the status of the criminal case as has been referred in the impugned order dated 03.09.2024 submission was made by the learned counsel appearing for the appellant that the sole witness, i.e., the victim has not been examined. Therefore, this Court has passed the order on that day, i.e., on 09.01.2025 directing the Superintendent of Police, Hazaribagh as to why the sole witness, i.e, the victim has not yet been examined.
Mr. Rajneesh Vardhan, the learned APP, on instructions, has submitted that in the trial the victim has already been examined on 06.12.2024.
Learned counsel appearing for the appellant has submitted that the submission of non-examination of the victim has been made based upon the reference made in the impugned order irrespective of the fact that on 06.12.2024 the victim has already been examined.
The learned APP has submitted that since the case is at the stage of Section 313 Cr.PC and, as such, the trial being at the fag end, the order impugned may not be interfered with taking into consideration the nature of the crime committed by the appellant.
This Court, considering the submission made on behalf of the learned APP appearing for the State and taking into consideration of the fact that the trial is at the fag end, is of the view that the impugned order needs not to be interfered with.
Accordingly, the instant appeal is dismissed.
However, the learned trial Court is directed to expedite the further proceeding in the trial so that the trial be completed at the earliest.
It is made clear that any observation made hereinabove will not prejudice the case on merit, since, the trial is pending.
I.A., if any, stands disposed of.