Manoj v. State of U.P.
Case brief
What is this about?
Application for bail allowed in a rape and POCSO case due to inherent illogical inconsistencies in the prosecution statement regarding the victim sleeping with family.
What did the court decide?
Allowed bail on personal bond and two sureties subject to conditions including not tampering with evidence, not threatening witnesses, and appearing before the trial court.
What the court decided
Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39832 of 2018
Applicant :- Manoj Opposite Party :- State Of U.P. Counsel for Applicant :- Anuj Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Manoj, in Case Crime No.0273 of 2018, under Sections 452, 376 IPC, and Section 3/4 POCSO Act, Police Station, Shahabad, District Rampur.
Heard Sri Anuj Kumar Gupta, learned counsel for the applicant and Sri D.P.S. Chauhan, learned AGA along with Sri Abhinav Tripathi, learned counsel appearing on behalf of the State.
The submission of the learned counsel for the applicant is that going by the medico legal estimation of age of the prosecutrix made by the Chief Medical Officer, Rampur, based on an ossification test, has been opined to be aged about 17 years. It is submitted that giving the usual allowance of two years by way of variation to the advantage of the accused or even one, the prosecutrix would reckon to be a major. It is submitted that according to the prosecution case, set out in the statement of the prosecutrix under Section 164 Cr.P.C., the prosecutrix was asleep together with her brothers and sisters at the rooftop. The applicant sneaked and tied up her mouth with a Dupatta and ravished her. She then removed the Dupatta and shouted for help in response to which her mother came over, but by that time, the applicant pushed her back and escaped. The stand and the same story has been, more or less, said in the statement under Section 161 Cr.P.C. The submission of learned counsel
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a POCSO case involving allegations of rape where the prosecution account contains inherent illogical inconsistencies regarding the sleeping arrangement.
Whether the gravity of the offence involving Sections 376 IPC and POCSO precludes grant of bail.
Parties & counsel
- applicant
Manoj
Coram
Munir J
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/39832/2018
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