This order rejects a bail application filed by Ram Bahadur Sharma charged with rape under Sections 376 IPC and POCSO Act, holding the offence heinous due to the victim's age.
The bail application stands rejected as the offence is heinous and no good reason exists for bail.
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Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14411 of 2018
Applicant :- Ram Bahadur Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Seemant Singh,Pankaj Kumar Ojha
Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant who is involved in case crime no. 664 of 2017, under Sections 376, 452 I.P.C. and 5(Da) 6 POCSO Act, Police Station Khoda, District Ghaziabad is seeking enlargement on bail during the trial.
It is borne out from the record that the age of the victim is about 7 years. The applicant has committed a heinous offence of committing rape with a very minor girl, therefore, he is not entitled for bail.
Under the circumstances, I do not find any good reason to grant indulgence to the applicant. Thus, the bail application stands rejected.
Order Date :- 19.4.2018 Rmk.
1 issue framed by the court
Whether bail should be granted to an applicant charged with rape against a minor under the POCSO Act and IPC.
2 provisions across 2 enactments
Ram Bahadur Sharma
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
