Nijamuddin v. State of U.P. and 3 Others
Case brief
What is this about?
The Allahabad High Court rejected a bail application filed by Nijamuddin under Section 439 Cr.P.C. in a gang rape case involving a minor under POCSO Act and IPC sections, holding it not a fit case for bail due to serious allegations and trial proceedings.
What did the court decide?
Bail application rejected on grounds that the case involves gang rape of a minor and is not a fit case for bail.
What the court decided
Neutral Citation No. - 2023:AHC:127405
Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19051 of 2023
Applicant :- Nijamuddin Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Harsh Vardhan Shastri Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
- Heard Sri Harsh Vardhan Shastri, learned counsel for the applicant and Sri Chandan Agarwal, learned counsel for the State and perused the material on record.
- A compliance affidavit dated 05.06.2023 has been filed by learned counsel for the State today in Court which is taken on record. As per paragraph 2 of the said affidavit notice has been served on the opposite party nos. 2 & 4. The proof regrading the same is annexed as Annexure-1 to the same.
- Despite service of notice, no one appears on behalf of the first informant.
- This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Nijamuddin, seeking enlargement on bail during trial in connection with Case Crime No. 0117 of 2022, under Section 376-D, 508, 506 I.P.C. & 5/6 of POCSO Act, registered at Police Station Kaila Devi, District Sambhal.
Issues for consideration
3 issues framed by the court
Whether the bail application of the applicant Nijamuddin should be allowed in a case involving gang rape of a minor.
Whether delay in lodging the first information report justifies granting bail to the accused.
Whether this court is not satisfied with the grant of bail in light of completed investigation and trial stage.
Parties & counsel
- applicant
Nijamuddin
- respondent
State Of U.P.
Coram
Samit Gopal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/19051/2023
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