Babu Lal v. State of U.P.
Case brief
What is this about?
Hon'ble Aniruddha Singh J. rejected the bail application of Babu Lal accused under POCSO and IPC. The bench also directed inquiries into discrepancies between conflicting medical reports regarding the victim's age and the necessity of noting the hymen status, as it does not require facultative feature.
What did the court decide?
Composite Reports direction to map young girl. No legal impediment. Submission of a report on or before 24.10.2019. Order verified by D/Ld. DSK. List on 31.10.2019 at 4:15 P.M.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15641 of 2018
Applicant :- Babu Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Babu Ram Yadav,Ganesh Pandey,P.K. Singh,Salil Krishna,Shailendra Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as D.N. Tiwari, learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against Lalu Sharma and Babu Lal alleging that on 2.1.2018 daughter of complainant was kidnapped. Later on, she was recovered and she stated in her statement under section 164 Cr.P.C.that Babu Lal had taken her to one house and committed rape on her three times. She became unconscious. Later on, he dropped her in the market and from there she came to her house.According to report of Chikitsha Adhikari, P.P. Centre,Mugalsarai, Chandauli dated 17.2.2018 the girl was aged about 14 years.
Learned counsel for the applicant submitted that the applicant is languishing in jail since 5.1.2018(more than one year and six months) having no criminal history. He has been falsely implicated. The girl was consenting party and according to report of medical Board dated 8.5.2018 she was major(aged about 19 years). Mother of the girl stated in her statement that the girl used to talk to the applicant over mobile. There is no independent witness. There is no possibility to get this case decided in near future due to heavy work load in trial Court. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant accused of kidnapping and rape as per POCSO and IPC.
Whether conflicting medical reports regarding the age of the prosecutrix require investigation.
Parties & counsel
- applicant
Babu Lal
- respondent
State Of U.P.
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/15641/2018
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