Sumit v. State of U.P.
Case brief
What is this about?
Court rejected bail application in gang rape case involving IPC and POCSO charges, declining bail due to medical report corroborating serious allegations.
What the court decided
Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30163 of 2018
Applicant :- Sumit Opposite Party :- State Of U.P. Counsel for Applicant :- Gyan Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
The present bail application has been filed by the applicant in Case Crime No. 120 of 2018, u/s 363, 376-D, 120-B IPC and section 3/4 POCSO Act, P.S. Aurangabad, District Bulandshahar with the prayer for enlarging him on bail.
Having heard learned counsel for the applicant, learned AGA for the State and perused the statement of the prosecutrix wherein allegation of gang rape has been made against the applicant and two others, which finds support from the medical report inasmuch as labia minora, hymen, perineum was lacerated, torn and bled on touch.
In view of the medical report which prima facie corroborate version of gang rape, I do not find it to be a fit case for enlarging the applicant on bail.
The bail application is, accordingly, rejected.
Order Date :- 14.8.2018 Dhirendra/
Issues for consideration
1 issue framed by the court
Whether the applicant is fit for bail given the prima facie corroboration of gang rape allegations via medical report.
Parties & counsel
- applicant
Sumit
Coram
Rajul Bhargava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/30163/2018
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