Prashant v. State of U.P. and 3 Others
Case brief
What is this about?
Criminal bail application under Section 376 IPC and POCSO Act rejected. Court held no good ground to enlarge applicant who was identified in CCTV footage, despite claims of false implication and victim's refusal for medical examination.
What did the court decide?
Bail application dismissed.
What the court decided
A compact analysis
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. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14160 of 2023
Applicant :- Prashant Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Virendra Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Learned Additional Government Advocate informs the Court that notice upon opposite party no.2 is sufficient.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed on behalf of applicant in Case Crime No. 817 of 2022, under Section 376 I.P.C. and Section 5/6 of POCSO Act, Police Station Vijay Nagar, District Ghaziabad with the prayer to enlarge the applicant on bail.
It is submitted by learned counsel for applicant that applicant is innocent and has been falsely implicated in the present case. The applicant is not named in the first information report. The name of the applicant came into light on the basis of CCTV footage recovered by the Investigation Officer during the course of investigation. It is further submitted that the mother of the victim has refused for external and internal examination of the victim. It is further submitted that the victim in her statements recorded under Sections 161and 164 Cr.P.C. has not named the applicant, who sexually assaulted to her. Learned counsel for applicant lastly submits that applicant is in jail since 11.07.2022 having no criminal history and that in case applicant is enlarged on bail, applicant will not misuse the liberty of bail.
Issues for consideration
3 issues framed by the court
Whether the applicant should be enlarged on bail in a case involving sexual assault on a minor.
Whether false implication and lack of external/internal examination justify bail.
Whether identification in CCTV footage and victim age are relevant for bail.
Parties & counsel
- applicant
Prashant
- respondent
State Of U.P.
Coram
Ramkesh Prajapati
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/14160/2023
Similar cases
Judgements on the same questions, provisions and authorities, from every court