SURAJ Vs. STATE

JUDGEMENT

(1.) This application has been filed under Sec. 439 Cr.P.C. read with Sec. 167 Cr.P.C. seeking bail in FIR No. 312/2021 dtd. 20/8/2021 registered at Police Station Kamla Market for offences under Ss. 377/34 of the Indian Penal Code, 1860 (hereinafter, "IPC ") read with Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, "POCSO ").

(2.) The facts, in brief, leading up to the filing of this petition are as follows:

(3.) Mr. Adit S. Pujari, assisted by Mr. Chaitanya Sundriyal, learned Counsel for the Petitioner, submits that the Petitioner is a 22-year-old who has been in custody since 20/8/2021. He states that as per Sec. 167(2) Cr.P.C., if investigation is not complete within the prescribed period and chargesheet is not filed, then a statutory right to bail accrues to the accused. He submits that in the instant case, despite chargesheet having been filed on 14/10/2021, cognizance of the offences mentioned therein was not taken by the Ld. Trial Court.