This court rejected a bail application filed by an applicant charged with offences including rape, kidnapping, and child sexual abuse under IPC and POCSO Act, holding that no case for bail was made out due to the gravity of the allegations.
Application for bail rejected.
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Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38363 of 2018
Applicant :- Pratap Opposite Party :- State Of U.P. Counsel for Applicant :- Pradeep Kumar Singh,Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.,Pankaj Sharma
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant, Sri Pankaj Sharma, learned counsel for the complainant and learned A. G. A. for the State.
The present bail application has been filed by the applicant in Case Crime No. 209 of 2018, under Sections 376, 506, 109 IPC and section 3/4 and 16/17 of POCSO Act and section 67 of I.T. Act, Police Station Barsana, District Mathura with the prayer to enlarge the applicant on bail.
I have perused the FIR as well as the order by means of which the bail application has been rejected by the court below.
Perusal of the record shows that the applicant has been named in the FIR and he has been assigned a specific role. Perusal of the record also shows that the victim girl is minor.
After hearing the learned counsel for the applicant, learned A.G.A., perusing the averments as contained in the present bail application and looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment, no case for grant of any indulgence is made out.
Accordingly, the application for bail is rejected.
Order Date :- 15.5.2019 Kuldeep
1 issue framed by the court
Whether bail should be granted to the applicant charged under Sections 376 IPC, POCSO Act, and related provisions given the nature of the offence.
Pratap
Vipin Sinha
As recorded by the court registry
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