This bail application was rejected by the Court. The applicant faced charges of gang rape against a victim under 16 years of age under the IPC and POCSO Act. The Court held the case to be a non-bailable fit. The stay and rejection date was 23.8.2018.
Bail application rejected. Applicant not enlarged on bail.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25509 of 2018
Applicant :- Mohammad Shadab Opposite Party :- State Of U.P. Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Pankaj Kumar Tyagi, counsel for the applicant and learned AGA for the State.
The present bail application has been filed by the applicant in Case Crime No. 201 of 2018, u/s 363, 366, 376D IPC and section 3/4 POCSO Act, P.S. Kairana, District Shamli with the prayer for enlarging him on bail.
Having heard learned counsel for the parties and considering the fact that the victim is less than 16 years of age and she has levelled allegation of gang rape against the applicant, I do not find it to be a fit case for enlarging the applicant on bail.
The bail application is, accordingly, rejected.
Order Date :- 23.8.2018 Dhirendra/
1 issue framed by the court
Whether the applicant is entitled to bail in an offence involving alleged gang rape of a child less than 16 years of age under s. 363, 366, 376D IPC and s. 3/4 POCSO Act.
2 provisions across 2 enactments
Mohammad Shadab
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
