Court in a bail application held that prima facie ingredients of the offence under Sections 376 and 506 IPC were made out against the applicant. The court refused bail as it was not inclined to allow release at that stage.
Bail application dismissed; applicant not released on bail.
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Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14378 of 2020
Applicant :- Dharmendra Raikwar Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Sharma Counsel for Opposite Party :- G.A.,Ashwini Kumar Ojha
Hon'ble Suneet Kumar,J.
Heard the learned counsel for the parties.
The instant bail application has been filed on behalf of the applicant, Dharmendra Raikwar, with a prayer to release him on bail in Case Crime No. 18 of 2019, under Sections 376 & 506 IPC, Police Station Baruasagar, District- Jhansi during pendency of trial.
Allegation against the applicant is that he outraged the modesty of the victim; ingredients of the offence, prima facie, is made out.
Learned Additional Government Advocate opposed the prayer for bail and submits that it will not be in public interest in case applicant is released on bail.
Considering the facts and circumstances of the case, I am not inclined to allow the bail application at this stage.
The bail application is, accordingly, rejected.
Order Date :- 1.10.2020 Mukesh Kr.
Digitally signed by Justice Suneet Kumar Date: 2020.10.01 14:36:26 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant qualifies for bail under Sections 376 and 506 IPC given prima facie ingredients of the offence.
Whether release on bail is in the public interest in the present circumstances.
Dharmendra Raikwar
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
