Monu v. State of U.P.
Case brief
What is this about?
In a bail application regarding allegations of rape under IPC and POCSEs, the court granted bail despite conflicting statements about the assailant's identity, considering the fit case circumstances and lack of clear identification.
What did the court decide?
Applicant released on bail by executing personal bond and furnishing two sureties with specific conditions to not tamper with evidence or harass witnesses.
What the court decided
Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47211 of 2018
Applicant :- Monu Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of the applicant Monu in connection with Case Crime No. 0203 of 2018 under Section 376, 452 IPC and Section 3/4 Protection of Children from Sexual Offences Act, P.S. Dilari, District Moradabad.
Heard Sri Sanjay Kumar Pandey, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA appearing on behalf of the State.
The submission of learned counsel for the applicant is that going by the medico legal estimation of the prosecutrix's age, she has been opined to be 18 years based on an ossification test. A copy of the said report is placed at page no. 25 of the paper book. Learned counsel for the applicant has emphasized that though the applicant has been nominated with an allegation of rape in the FIR lodged by the father, and, also in the statement of the prosecutrix recorded under Section 161 Cr.PC., but in the statement under Section 164 Cr.P.C., the prosecutrix has categorially come up with a case that she was ravished in the manner set out in the FIR but not by any known person. She has specifically said that the boy, who ravished her, is not known to her by name. It is submitted, therefore, that the applicant has been falsely implicated under family and the police pressure in order to work out the case, of which the applicant became a scapegoat.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the accused in a rape and POCSEs case where the prosecutrix does not know the identity of the assailant.
Whether the medical report regarding the age of the prosecutrix impacts the grant of bail.
Parties & counsel
- applicant
Monu
- respondent
State Of U.P.
Coram
J.J. Munir
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/47211/2018
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