Wajid v. State of U.P.
Case brief
What is this about?
Criminal Miscellaneous Bail Application for enlargement on bail in a rape case involving minor victim under POCSO and IPC sections was rejected considering the gravity of accusations in recorded statements.
What did the court decide?
Bail application is rejected at this stage.
What the court decided
Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8079 of 2019
Applicant :- Wajid Opposite Party :- State Of U.P. Counsel for Applicant :- Atul Kumar,Ronak Chaturvedi Counsel for Opposite Party :- G.A.,Abhinav Singh
Hon'ble Vipin Sinha,J.
Heard Sri Raunak Chaturvedi, learned counsel for the applicant, Sri Abhinav Singh, learned counsel for the respondent and V.K.Pandey, learned AGA appearing for the State.
This bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.197 of 2018, under Sections363,366,376D,328,IPC, and 3/4 Protection of Children from Sexual Offence Act, 2012, Police Station Rantapuri, District Muzaffernagar.
The victim is a minor and her statement was recorded under section 161 Cr.P.C., in which the name of the applicant came into light and further, the statement of the victim recorded under section 164 Cr.P.C.,in which she stated that five persons including the applicant have raped her.
In view of the aforesaid no case for grant of any indulgence is made out.
Accordingly, the application for bail is rejected at this stage.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant in a rape case involving a minor victim.
Whether the findings in the 161 Cr.P.C. and 164 Cr.P.C. statements negate the case for bail.
Parties & counsel
- applicant
Wajid
- respondent
State Of U.P.
Coram
Vipin Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/8079/2019
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