In this criminal appeal against bail refusal under the POCSO Act and Section 376(D) IPC, the High Court dismissed the appeal. The court held there was no illegality in impugned order and found no ground for release.
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. - 73 Case :- CRIMINAL APPEAL No. - 1353 of 2021 Appellant :- Sarik @ Shahrukh (Juvenile) Respondent :- State of U.P. and Another Counsel for Appellant :- Ajay Kumar Pathak Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
Present criminal appeal has been preferred against the judgment and order dated 11.02.2021 passed by Additional District and Sessions Judge/ Special Judge (POCSO Act) Ist, Hathras in Case Crime No. 890 of 2018, under Section 376(D) IPC and Section 3/4 of POCSO Act, Police Station Sadabad Kotwali, District Hathras.
Learned counsel for the appellant has submitted that the appellant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the appellant has further submitted that the appellant is a juvenile and he is in jail since 25.12.2018, as such, he be released on bail.
Per contra, learned AGA has vehemently opposed the prayer of the appellant and has pointed out that the victim is a girl, aged about four years and she has been ravished by as many as three accused persons including the appellant.
Perusal of the statement of the witnesses recorded under Section 161 CrPC clearly shows active complicity of the appellant. The appellant is more than 16 years of age, as such, he can be convicted except for death or life imprisonment. No illegality has been pointed out by learned counsel for the appellant in the impugned order passed by the court below.
Having considered the rival submissions made by learned counsel for the parties and looking to the nature, gravity and seriousness of the accusation and role assigned to the appellant including his depraved mental status and criminal proclivity, I am not inclined to grant bail to the appellant. Accordingly, this criminal appeal is dismissed.
Order Date :- 7.4.2022 Nadim
Digitally signed by NADIM ALAM Date: 2022.04.07 16:39:27 IST Reason: Location: High Court of Judicature at Allahabad
Sarik @ Shahrukh (Juvenile)
State of U.P.
Nadim Alam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
