Wanted v. State of U.P.
Case brief
What is this about?
Criminal bail application rejected for an applicant alleged to have committed gang rape of a minor under sections 376 IPC and POCSO Act. The Court found no good ground to enlarge the applicant on bail.
What did the court decide?
Bail application of the applicant was rejected.
What the court decided
Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15675 of 2020
Applicant :- Wanted Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Ayub,Alok Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Mohd. Ayub, learned counsel for the applicant, Sri Gaurav Pratap Singh, learned briefholder for the State and perused the record.
It has been contended by learned counsel for the applicant that though there is allegation of rape against the applicant and three co-accused persons by the prosecutrix/victim but her medical report does not corroborate her statement u/s 164 Cr.P.C. There is allegation of rape against co-accused Gullu Mohammad @ Gullu by the victim including making video clip of the crime in question. The applicant is in jail since 21.10.2019.
Learned brief-holder for the State opposed the prayer for bail and submitted that the victim is a minor girl aged about 17 years and she has been subjected to rape by the applicant and three co-accused persons. It is a case of gang rape.
Without expressing any opinion on the merits of the case and considering the submissions advanced, I find that no good ground is made out for enlarging the applicant on bail. The bail application of the applicant Wanted, involved in case crime no.25 of 2019, under Sections 376, 452, 506 IPC and and 3/4 POCSO Act, P.S. Shahganj, district Agra is, accordingly, rejected.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a gang rape case where allegations of rape are made by a minor prosecutrix.
Whether the medical report corroboration of the victim's statement negates the offence of rape.
Parties & counsel
- applicant
Wanted
Coram
Ramesh Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/15675/2020
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