Mukeem v. State of U.P.
Case brief
What is this about?
Criminal bail application allowed for applicant Mukeem charged under IPC and POCSO. Court held there is no direct allegation of rape against him and only evidence of standing by at the scene, making it a fit case for bail.
What did the court decide?
Applicant released on bail on personal bond and two sureties subject to standard non-tampering conditions.
What the court decided
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2625 of 2019
Applicant :- Mukeem Opposite Party :- State Of U.P. Counsel for Applicant :- Sachin Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Mukeem, in Case Crime No.353 of 2018 under Sections 328, 363, 366, 376D, 506, IPC, and Section 3/4 POCSO Act, Police Station Bahjoi, District Sambhal.
Heard Sri Sachin Kumar Sharma, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, 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 the prosecutrix's age, as determined by the Chief Medical Officer, Sambhal, vide his certificate dated 12.07.2018, she has been opined to be aged about 18 years. It is submitted that the provisions of the POCSO Act would, therefore, not be attracted. It is pointed out by learned counsel for the applicant that a reading of the statement of the prosecutrix under Sections 161 and 164 Cr.P.C., shows that the allegation of rape is against co-accused Milan and Ankit, with no such allegation against the applicant. About the applicant, all that is said is that he was standing by, when the two co-accused Milan and Ankit, ravished her. Learned counsel for the applicant submits that the applicant has been implicated due to some misconception harboured by her father, the first informant against the applicant, by alleging that he was
Issues for consideration
3 issues framed by the court
Whether bail is maintainable when there is no specific allegation of rape against the applicant.
Whether the applicant can be released on bail despite charges under serious sections including POCSO.
Whether standing by a crime scene constitutes an offence attracting bail restrictions.
Parties & counsel
- applicant
Mukeem
Coram
J.J. Munir, J.
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/2625/2019
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