The Allahabad High Court rejected criminal bail application filed under Sessions Case No. 307 of 2021 involving offences under IPC and POCSO. Considering the statement of the 8-year-old victim, the court found no reason to enlarge the accused.
Bail application rejected; accused not enlarged on bail.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19598 of 2022
Applicant :- Anil Harijan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ganesh Mani,Indradeo Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the record.
The present bail application has been filed by the applicant seeking enlargement on bail in Session Case No.307 of 2022 arising out of Case Crime No.35 of 2022, under Sections 452, 354, 354Kha, 376AB IPC & Section 5M/6 POCSO Act, Police Station Shivpur, District Varanasi.
As per the FIR version the informant had gone in the adjoining colony to attend the domestic work when the accused applicant at about 3.00 o'clock in the afternoon entered in her house and started molesting her 08 years old daughter. It is further alleged that the accused attempted to commit an offence under Section 376 IPC and only after the minor screamed that ladies from the adjoining houses came and the accused ran away from the spot.
Learned counsel for the applicant states that in the medical report there is no evidence of direct sexual assault and that the applicant has been falsely implicated.
Learned AGA, on the other hand, has invited attention of the Court to the statement of 08 years old minor girl under Section 164 Cr.P.C. in which she has clearly supported the prosecution version.
Having considered the respective submissions this Court finds that the victim admittedly is an 08 years old minor girl, who has specifically alleged in her statement under Section 164 Cr.P.C. that the accused applicant had entered in the house when her parents were away and undressed her and also inserted his finger in her private parts. It is only after she screamed that ladies from the adjoining houses came and the accused fled. Since the prosecution version is clearly supported by the statement of the victim, who is an eight years old girl, this Court finds absolutely no reason for the accused applicant to be enlarged on bail.
This bail application, accordingly, is rejected.
Order Date :- 13.5.2022 Anil
Digitally signed by ANIL KUMAR PATEL Date: 2022.05.14 13:00:47 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be enlarged on bail given the serious allegations against an 8-year-old minor.
Whether the statement of the minor victim under Section 164 Cr.P.C. sufficient to deny bail.
3 provisions across 3 enactments
Anil Harijan
State Of U.P.
3 Others
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
