Sachin Kumar v. State of U.P.
Case brief
What is this about?
The court rejected a bail application filed by Sachin Kumar accused of offences under Section 376-A IPC and POCSO Act involving a four-year-old victim, citing the heinous nature of the offence and prima facie case.
What did the court decide?
application rejected
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. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8441 of 2019
Applicant :- Sachin Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Roopesh Kumar Nigam Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Sachin Kumar, in Case Crime No. 589 of 2018, under Sections- 376-A.B. I.P.C. & 5/6 of POCSO Act, P.S. Phase-2, District- Gautam Buddh Nagar.
Learned counsel for the applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 28.8.2018; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; victim is of four years of age; her statement is written by way of sighn, which makes the case doubtful; there was animosity owing to joint and common use of baranda and courtyard, as a result of this, false implication was got made. Hence, bail has been prayed for.
Learned AGA has vehemently opposed.
Having heard learned counsels for both sides and gone through materials placed on record, it is apparent that victim is of four years of age; instant report was there and the same was with medical corroboration of the occurrence; victim, in her statements under Sections 161 as well as 164 of Cr.P.C., has rectified the accusation.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail in a trial for offences under Section 376-A IPC and Sections 5/6 of POCSO Act.
Parties & counsel
- applicant
Sachin Kumar
Coram
Ram Krishna Gautam
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/8441/2019
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