Court rejected bail application of accused Rauf charged with sexual offences against a minor under IPC 376 and POCSO Act. Court held that the nature of offence against a minor requires strict scrutiny and no case made out for bail.
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. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34969 of 2020
Applicant :- Rauf Opposite Party :- State Of U.P And Another Counsel for Applicant :- Syed Mohammad Abbas Abdy,Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.,Mohd. Wasim
Hon'ble Saumitra Dayal Singh,J.
(i) against FIR lodged on 21.12.2019, the applicant is in confinement since 01.2.2020.
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest.
(iii) the applicant has no criminal history.
(iv) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial.
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the applicant has been falsely implicated by his step brother owing to certain money disputes between them as has also been clarified by the mother of the first informant in her application submitted to the learned court below dated 27.5.2020; thus it has been submitted that the applicant has been falsely implicated.
as the learned A.G.A. would submit that at present the FIR allegations are specific against the applicant; they are not contradicted by the injury report and that the victim girl (minor) had supported the FIR allegations in her statement recorded during investigation. At the trial, at present evidence of P.W.-1 is being received and thus, no interference is warranted at this stage.
Order Date :- 16.12.2021 Faraz
1 issue framed by the court
Whether bail should be granted to the applicant charged under IPC 376 and POCSO Act for offences against a minor girl.
Rauf
State Of U.P
Another
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
