Ravi v. State of U.P. and 3 Others
Case brief
What is this about?
Criminal Misc. Bail Application filed by Ravi seeking release during trial for offences including rape and kidnapping of a minor. The court rejected the bail application, stating the victim is a minor and the applicant's consent is of no worth.
What did the court decide?
Bail application for the applicant Ravi was rejected, and he is to remain in judicial custody.
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.
Neutral Citation No. - 2023:AHC:192208
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21274 of 2023
Applicant :- Ravi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shahrukh,Mohd. Afzal Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
- List revised.
- Heard Shahrukh, learned counsel for the applicant and Sri Devendra Nath Mishra, learned counsel for the State and perused the material on record.
- Notice was issued to the first informant vide order dated 23.06.2023 passed by a coordinate Bench of this Court. A counter affidavit dated 06.07.2023 has been filed by the State in which para 3 states that notice has been served on the first informant on 05.07.2023. The copy of the receiving of the same is annexed as Annexure No. CA-1 to the same.
- Despite service of notice on the first informant no one appears on his behalf.
- Learned counsel for the applicant submits that he does not want to file any rejoinder affidavit to the counter affidavit of the State.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail during trial in a case involving offences under sections 363, 376 IPC, and 3/4 of POCSO Act against a minor.
Whether the lack of Ossification test and discrepancy in birth certificate details warrants granting bail.
Parties & counsel
- applicant
Ravi
Coram
Samit Gopal
Kamlesh Kumar Maurya
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/21274/2023
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