Mohd.Jumman v. State of U.P. and Another
Case brief
What is this about?
Criminal Misc. Bail Application rejected holding that no case for bail was made out in alleged rape case under POCSO Act despite applicant's claim of victim consent and lack of criminal history.
What did the court decide?
Bail application dismissed; applicant remains in judicial custody.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27303 of 2021
Applicant :- Mohd.Jumman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Pratap Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 1004/2020, under Sections 363, 366, 376, 506 IPC & Section 3/4 of POCSO Act, police station Surajpur, District Gautam Budh Nagar with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. Learned counsel has referred statements of victim girl, recorded under Sections 161 and 164 Cr.P.C., and submitted that victim was a consenting party and she has gone with applicant with her own free will. Learned counsel has referred statement of victim girl, recorded under Section 164 Cr.P.C., wherein she has inter alia stated that when applicant has called her, she has gone with him with her own free will and thereafter she was taken by a bus and all these facts suggest that victim was a consenting party. It was pointed out that as per ossification test, age of victim girl has been found 16 to 17 years. It has further been argued that the applicant is in judicial custody since 27.12.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Issues for consideration
2 issues framed by the court
Whether bail is maintainable in a case involving alleged rape under POCSO Act where age of victim is contested.
Whether the immateriality of victim consent and absence of criminal history of accused suffice to grant bail in heinous offences.
Parties & counsel
- applicant
Mohd.Jumman
Coram
Raj Beer Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/27303/2021
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