This court rejected an application for anticipatory bail under Section 438 Cr.P.C. The applicant, accused of rape against a minor, was held not to have made out a prima facie case for bail due to the gravity of the charges and the victim's supportive statement.
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.
Neutral Citation No. - 2023:AHC:194792
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10614 of 2023
Applicant :- Dev Sharan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dhanraj Singh Yadav Counsel for Opposite Party :- G.A.,Ajay Tripathi,Surya Prakash Pandey
Hon'ble Shekhar Kumar Yadav,J.
the view that no case for exercising its discretionary power under Section 438 Cr.P.C. is made out in favour of applicant.
Order Date :- 10.10.2023 RavindraKSingh
Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail is maintainable when the applicant is accused of rape against a minor under POCSO?
Whether the statement of the victim recorded under Section 164 Cr.P.C. negates the case for anticipatory bail?
1 provisions across 1 enactments
Dev Sharan
State Of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
