Sanjay @ Sanju v. State of U.P. and 3 Others
Case brief
What is this about?
The High Court dismissed a bail application filed by Sanjay @ Sanju, accused under IPC sections 363, 366, 376 and POCSO sections 5J(ii)/6. The Court rejected bail as the applicant failed to make out good grounds, given the gravity of the offences, the age of the prosecutrix, and the fact she was in family way with a nine-week fetus.
What did the court decide?
Bail application rejected without granting enlargement on bail.
What the court decided
Neutral Citation No. - 2023:AHC:179529
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12429 of 2023
Applicant :- Sanjay @ Sanju Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kiran Tiwari,Brijesh Kumar Srivastava,Mahesh Chandra Tiwari Counsel for Opposite Party :- G.A.,Jai Raj
Hon'ble Rajeev Misra,J.
- Heard Mr. Mahesh Chandra Tiwari, the learned counsel for applicant, the learned A.G.A. for State and Mr. Jai Raj, the learned counsel representing first informant/opposite party-4.
- Perused the Court.
- This application for bail has been filed by applicant Sanjay @ Sanju, seeking his enlargement on bail in Case Crime No. 25 of 2023 under Sections 363, 366, 376 I.P.C. and Sections 5J (ii)/6 POCSO Act, Police Station-Jagdishpura, District- Agra during the pendency of trial.
- At the very outset, the learned A.G.A. submits that notice of present bail application has been served upon first informant/opposite party-4 on 17.03.2023. However, inspite of service of notice, no one has put in appearance on behalf of first informant/opposite party-4 to oppose this application.
Issues for consideration
3 issues framed by the court
Whether bail can be granted to an accused charged under Sections 363, 366, 376 IPC and Sections 5J(ii)/6 POCSO Act given the nature of the offence and the prosecutrix's age of pregnancy.
Whether the applicant has made out any good ground to be enlarged on bail during the pendency of the trial.
Whether the fact that the prosecutrix was a willing party absolves the applicant of the charges for kidnapation and sexual intercourse.
Parties & counsel
- applicant
Sanjay @ Sanju
- respondent
State Of U.P.
Coram
Rajeev Misra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/12429/2023
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