Dismissed¶18

Gore Lal v. State of U.P. and 3 Others

Allahabad HC14 Jul 2023BAIL/19532/2023

Case brief

AI extract

What is this about?

Allahabad High Court, CRIMINAL MISC. BAIL APPLICATION No. 19532 of 2023, Gore Lal v. State of U.P. and 3 Others, decided 14.7.2023 by Sameer Jain, J.; bail application rejected; offences under Sections 363 and 376AB IPC and Section 6 POCSO Act; minor victim aged about 12 years; rape allegations in Sections 161 and 164 Cr.P.C. statements; P.S. Kotwali Nagar, District Mahoba; applicant aged 64 years, in custody since 25.3.2023; neutral citation 2023:AHC:139634.

What did the court decide?

The applicant is not entitled to be released on bail, considering that the victim is hardly 12 years old and she made allegations of rape against the applicant in both her statements recorded under Sections 161 and 164 Cr.P.C. ¶17

Gore Lal Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:139634

¶2

Court No. - 70

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19532 of 2023

¶4

Applicant :- Gore Lal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Bholeshwar,Jainendra Kumar Rai Counsel for Opposite Party :- G.A.

¶5

Hon'ble Sameer Jain,J.

¶6

Sri Imran Khan, learned AGA, for the State, apprised the Court that notice has been served to the informant of the case on 3.5.2023.

¶7

As per office report dated 1.6.2023 also notice has been served personally to the informant.

¶8

Despite service of notice, none appeared on behalf of the informant.

¶9

Heard Sri Bholeshwar, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State.

¶10

The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.0113 of 2022, under Sections 363 and 376AB IPC and Section 6 POCSO Act, Police Station Kotwali Nagar (Mahoba), District Mahoba during pendency of the trial.

¶11

FIR of the present case was lodged against the applicant and according to the FIR, applicant committed rape with the minor daughter of the informant aged about 12 years.

¶12

Learned counsel for the applicant submits that applicant is innocent and entire allegation of rape made against the applicant is totally false and actually 10 days before the incident, informant, i.e., father of the victim has taken Rs. 3000/- from applicant and applicant when demanded back his money then he implicated the applicant in the present matter.

¶13

He further submits that medical report of the prosecutrix also does not support the prosecution version and applicant is 64 years old and this fact also belies the case of prosecution.

¶14

He further submits that applicant in the present matter is in jail since 25.3.2023.

¶15

Per contra, learned AGA opposed the prayer for bail and submits that as per allegation applicant committed rape with the minor daughter of informant aged about 12 years and even the victim in her statements recorded under Sections 161 and 164 Cr.P.C. stated against the applicant and, therefore, applicant is not entitled to be released on bail.

¶16

I have heard learned counsel for the parties and perused the record of the case.

¶17

Considering the fact that victim is hardly 12 years old and she in her both the statements recorded under Sections 161 and 164 Cr.P.C. made allegation of rape against the applicant, in my view, applicant is not entitled to be released on bail.

¶18

Accordingly, the instant bail application is rejected.

¶19

It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

¶20

Order Date :- 14.7.2023

¶21

SKM

¶22

Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Gore Lal v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Gore Lal v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Naseem Vs State of U.P.

Ankit Vs State of U.P. and 3 Others

Ramnayan Rajbhar Vs State of U.P. and 3 Others

Sandeep Kumar Vs State of U.P.

Ramautar Vs State of U.P.

Baliram @ Buletin Vs State of U.P.