Nurul Hasan v. State of U.P. and 3 Others
Case brief
What is this about?
This judgment rejects a bail application for an applicant charged with offenses under Section 376(3) IPC and POCSO. The High Court deemed the nature of the offense heinous and found no grounds for bail, directing the trial court to conclude proceedings within six months.
What did the court decide?
prayer to enlarge the applicant on bail was rejected.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32751 of 2022
Applicant :- Nurul Hasan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Swatantra Kumar,Anant Ram Gupta,Puneet Bhadauria Counsel for Opposite Party :- G.A.,Asha Parihar,Pratik Chandra
Hon'ble Mrs. Manju Rani Chauhan,J.
- Heard Sri Anant Ram Gupta, learned counsel on behalf of applicant, Sri Pratik Chandra, learned counsel for the informant and Sri Akhilesh Srivastava, learned AGA for the State and perused the record of the present bail application.
- The present bail application has been filed by the applicant Nurul Hasan with a prayer to enlarge him on bail in Case Crime No. 85 of 2022, under Sections 376(3) I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, Police Station Faze-3 Noida, District Gautambuddh Nagar during pendency of the trial.
- Brief facts of the case is that an FIR has been lodged by the mother of the victim on 04.02.2022 at about 14:34 hours under section 376(3) IPC and Section 3/4 POCSO Act against unknown persons alleging therein that her 13 years old daughter had gone on 29.04.2021 in the afternoon at about 02:30 hours from her house (D1/211 Chanakyapuri, New Delhi) and returned on 6:50 hours on the same day. She was not in a normal condition and being enquired by the informant she after crying narrated the entire incident regarding persuasion by one person of calling her to Noida by booking a Cab who took her to one Hotel. It has been further alleged that the aforesaid person had convinced her for providing Arsenic. The aforesaid person committed rape upon her and the victim was dropped to her house by another Cab booked by the aforesaid person. The Mobile number of the aforesaid person is 9599707767. He contacted through aforesaid Mobile number to victim on her Mobile number 9971112224 on 29.11.2021. The details of calls between the aforesaid person and victim have also been placed on records. The details regarding establishment of physical relationship with the victim, on helping her in getting Arsenic, are available in Whatsapp and SMS messages of aforesaid Mobile numbers. The details regarding mobile number of driver who took the victim from Chanakyapuri, New Delhi to Noida is
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the applicant charged with offences under Section 376(3) IPC and POCSO.
Whether the allegations against the applicant are substantiated enough to deny bail.
Whether the court can direct the trial court to conclude proceedings within six months.
Parties & counsel
- applicant
Nurul Hasan
Coram
Manju Rani Chauhan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/32751/2022
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