Munshi v. State of U.P.
Case brief
What is this about?
Single judge allowed bail to applicant Munshi in a rape case under IPC 376 and POCSO at Parsurampur. Court held it was a fit case for release despite conflicting views on victim's age, noting no criminal antecedents.
What did the court decide?
The applicant Munshi was released on bail on furnishing a personal bond and two reliable sureties of like amount.
What the court decided
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19136 of 2019
Applicant :- Munshi Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application has been moved by the applicant who is involved in Case Crime No. 371 of 2018, under Sections 376, 504, 506 I.P.C., and Section 3/4 of the Protection of Children from Sexual Offences Act, Police StationParsurampur, District-Basti.
As per version of the first information report, applicant was committing rape on the prosecutrix aged about 15 years for about six months on the pretext to marry with her. Later on, applicant refused to marry with her.
Learned counsel for the applicant contended that the first information report has been lodged on an application under Section 156 (3) Cr.P.C. Prosecutrix is major. As per report of the medical board her age is about 18 years. Prosecutrix in her statement before the doctor, admitted this fact that applicant has made sexual relation with the prosecutrix on her own sweet will. Accordingly, no offence is made out against the applicant. Applicant is languishing in jail since 4.1.2019 and he has no criminal antecedent.
Issues for consideration
3 issues framed by the court
Whether the applicant is a fit case for release on bail in a POCSO case involving charges of rape.
Whether the age of the prosecutrix being major or minor affects the bailability of the accused.
Whether the prima facie material in the FIR and medical board report provide sufficient grounds to deny bail.
Parties & counsel
- applicant
Munshi
Coram
Umesh Chandra Tripathi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/19136/2019
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