Manoj Kumar v. State of U.P. and Another
Case brief
What is this about?
In an anticipatory bail application filed by Manoj Kumar涉嫌强奸未成年人与猥亵妇女，Pri vided by the court. The court refused based on the severity and nature of the offense under the POCSO Act.
What did the court decide?
Anticipatory bail application filed by the applicant is rejected due to the severity of the offense involving a child below 16 years.
What the court decided
A compact analysis
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Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10519 of 2021
Applicant :- Manoj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Joun Abbas Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This anticipatory bail application has been filed by the applicant Manoj Kumar in Case Crime No. 160 of 2021, under sections 376(3), 354, 452, 323 I.P.C. and Section 3/4 POCSO Act, P.S. Loni, District Ghaziabad.
The FIR version is that on the date of incident the applicant caught hold up the victim and when the victim made a noise then neighbour came whereupon the applicant left her and escaped from his place.
Submission of the learned counsel for the applicant is that subsequently on the basis of statement under Section 164 Cr.P.C. in which she gave statement of rape being committed on her and also finding that she was less than 16 years old addition of Sections 376(3) IPC and 3/4 of POCSO Act was made. It has been further submitted that the applicant has been falsely implicated in this case and on the basis of the said FIR and statement of the victim, the police is inclined to arrest him and, therefore, a prima facie case for anticipatory bail is made out and he is entitled for anticipatory bail. It is further submitted that applicant is prepared to furnish sureties and bonds, there is no possibility of her either fleeing away from the judicial process or tampering with the evidence.
Issues for consideration
2 issues framed by the court
Whether anticipatory bail can be granted in a case involving rape of a child below 16 years.
Whether the prima facie case is strong enough to allow anticipatory bail against the state.
Parties & counsel
- applicant
Manoj Kumar
- respondent
State of U.P.
Coram
Pradeep Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- ABAIL/10519/2021
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