Moin v. State of U.P.
Case brief
What is this about?
Single judge rejected bail application of accused Moin in POCSO and IPC case due to serious injuries to minor victim, without expressing opinion on merits.
What did the court decide?
Bail application rejected; no relief granted to the accused applicant.
What the court decided
Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13113 of 2018
Applicant :- Moin Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Taking into account that the presecutrix is a minor girl, aged about 7 years, who sustained many injuries on the vital part of her person and the role of assault has been attributed to the sole applicant-Moin, this Court is not inclined to grant bail to him in Case Crime No. 736 of 2017, under sections 376, 511, 307 IPC and 7/8 of POCSO Act, P.S. Massorie, District Ghaziabad.
Keeping in view the severity of the offence, evidence, complicity of the accused, without expressing any opinion on merits, this Court declines to grant any relief to the accused applicant.
The application for bail is, accordingly, rejected. Order Date :- 20.4.2018 shailesh
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the accused in a case involving a minor victim and serious offences under IPC and POCSO.
Whether the severity of the offence and nature of injuries sustained justify denial of bail.
Parties & counsel
- applicant
Moin
- respondent
State Of U.P.
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/13113/2018
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