In a criminal bail application, the High Court rejected the prayer for bail. The court noted allegations of kidnapping and rape against a minor, found no case for bail based on the nature of the offence and investigation report, and dismissed the application without expressing an opinion on merits.
None. Bail application rejected.
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Neutral Citation No. - 2023:AHC:123792
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11532 of 2023
Applicant :- Sudama Opposite Party :- State Of U.P Through Secretary Home And 3 Others Counsel for Applicant :- Narendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
submitted that in her statement under Section 161 and 164 Cr.P.C. specific allegation of rape has been alleged by the victim against the present accused applicant and there is no contradiction in her statement under Section 161 and 164 Cr.P.C. on this point. It is further submitted that there is no possibility of any false implication of the present accused applicant. It is further submitted that the evidence collected during course of investigation explicitly shows that the prosecutrix of this case is minor girl and she had been kidnapped and raped by the accused applicant along with the other co-accused Sanjay. Offence is serious, therefore, he is not entitled for any relief.
Order Date :- 2.6.2023 Fhd
Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail despite allegations of serious sexual offences including kidnapping and rape involving a minor.
Whether contradictions between the victim's statements or medical evidence entitle the applicant to bail.
Sudama
Nalin Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
