Sunil Kumar v. State of U.P.
Case brief
What is this about?
Bail application allowed. Prosecutor's medical opinion certified applicant faced a major victim leading to conclusion that POCSO tray Act did not attract.
What did the court decide?
The applicant be released on bail by executing personal bond and furnishing two sureties each with standard conditions including no tampering with evidence.
What the court decided
Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7353 of 2018
Applicant :- Sunil Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Prabodh Dubey,Rajeev Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Counter affidavit on behalf of the State has been filed today. It is taken on record.
This is an application for bail on behalf of the applicant Sunil Kumar in Case Crime No.52 of 2017, under Sections 363, 366, 376 IPC, and Section 3/4 POCSO Act, Police Station, Pipraich, District Gorakhpur.
Heard Sri Rajeev Kumar Singh, learned counsel for the applicant and Sri Sudheer Kumar Pathak, learned AGA 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, certified by the Chief Medical Officer, Gorakhpur, through his report dated 22.8.2017, a copy of which is annexed as Annexure-SA-1 to the supplementary affidavit filed on behalf of the applicant shows that the prosecutrix, on the basis of an ossification test, has been opined to be aged about 20 years. Learned counsel for the applicant submits that the aforesaid certification of age shows that the prosecutrix is clearly a major. It is urged that looking to the age of the prosecutrix, the provisions of the POCSO Act would not be attracted. Learned counsel for the applicant has taken the Court through the statement of the prosecutrix under Section 164 Cr.P.C., that is
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant accused of offences under IPC and POCSO Act given the prosecutrix's opinion on her age.
Whether the exculpatory statement of the prosecutrix rendered the case a fit case for bail.
Parties & counsel
- applicant
Sunil Kumar
- respondent
State Of U.P.
Coram
Munir
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/7353/2018
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