The High Court dismissed a bail application under POCSO for want of prosecution as the applicant was absent. The court noted the victim supported the prosecution in her statement and during trial, finding no case for bail on merit.
Bail application dismissed for want of prosecution and on merit.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1289 of 2021
Applicant :- Narvesh @ Chhinga @ Dudhiya Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad
Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma,J.
None present for the applicant even in the revised call.
Learned AGA contends that it is also a case under the POCSO Act. At the time of occurrence the victim was below the age of 18 years. The applicant is named in the FIR.
As per CMO report the victim was aged about 15 years. As per High School Certificate her date of birth is 10.07.2003 and thus on the day of occurrence i.e. 05.06.2017 she was aged about 14 years. The victim has not supported the prosecution version in her statement under Section 161 CrPC but she has supported the prosecution version in her statement under Section 164 CrPC and also supported the prosecution version during the trial.
Since none is present to press this bail application and the applicant is sole accused against which the victim has deposed in her statement under Section 164 CrPC and also on oath, no case for bail is made out. Hence, the bail application is dismissed for want of prosecution and on merit as well.
Order Date :- 28.3.2023 Shahroz
Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail can be granted in a POCSO case when the applicant is absent and the victim has supported the prosecution version.
Whether the bail application made out considering the absence of counsel and the victim's statement.
Narvesh @ Chhinga @ Dudhiya
State of U.P.
Umesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
