In a criminal bail application regarding rape and POCSO charges, the Court rejected the plea. The applicant failed to substantiate the claim of false implication, especially given the victim's minor status. Bail was denied while leaving trial merits untouched.
Release of applicant on bail rejected.
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Neutral Citation No. - 2023:AHC:192012
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14770 of 2023
Applicant :- Arvind Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vinay Kumar Mishra,Sujit Kumar Counsel for Opposite Party :- G.A.,Prabhat Chandra Mishra
Hon'ble Sameer Jain,J.
submitted that victim is hardly 14 years old girl and she in her both the statements recorded under Sections 161 Cr.P.C and 164 Cr.P.C. made allegation of rape against the applicant and applicant could not bring any good reason for his false implication, therefore, he does not deserve bail.
Order Date :- 5.10.2023 AK Pandey
Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether an applicant charged with rape against a 14-year-old minor is entitled to bail having failed to provide a reasonable explanation for the false implication.
Arvind Kumar
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
