Raj Kumar v. State of U.P.
Case brief
What is this about?
This criminal bail application seeking enlargement of an accused alleged of rape and offences under the PCO Act was dismissed as it was not a fit case for bail.
What did the court decide?
Application dismissed; bail not granted.
What the court decided
Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53045 of 2019
Applicant :- Raj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Shishir Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
- Heard Sri Shishir Kumar Dwivedi, learned counsel for applicant and learned A.G.A. for State.
- This is the second bail application moved by accusedapplicant for enlarging him on bail in Case Crime No. 286 of 2017, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Khoda, District Ghaziabad.
- Applicant is names in First Information Report. In the statement under Section 164 Cr.P.C. recorded before Magistrate the victim has said that applicant has taken her forcibly and also committed rape upon her. Looking to entire facts and circumstances, I do not find it a fit case for grant of bail.
- Application is accordingly dismissed.
Order Date :- 6.2.2020 AK
Issues for consideration
1 issue framed by the court
Whether bail should be granted to the accused in a case involving rape and offences against a child.
Parties & counsel
- appellant
Raj Kumar
- respondent
State of U.P.
Coram
Sudhir Agarwal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/53045/2019
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