Single judge discussion on bail application of a teacher accused of raping a 10-year-old student under IPC 376AB and POCSO. Bail rejected due to gravity of offence, noting no dispute on victim’s age or accused’s role.
Bail application rejected at this stage; applicant not released.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23749 of 2022
Applicant :- Alopi Shankar Shukla Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vinay Kumar Pandey Counsel for Opposite Party :- G.A.,Dev Raj Singh
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate representing the State.
By means of this application under Section 439 of Cr.P.C., applicant Alopi Shankar Shukla, who is involved in Case Crime No. 0087 of 2022, under Sections 376AB IPC and 5(M)5(P) of POCSO Act, police station Lalganj, district Mirzapur, seeks enlargement on bail during the pendency of trial.
The applicant is the teacher of the victim. The applicant is aged about 45 years whereas the victim is 10 years old. In the present case the allegation against the applicant is that he committed rape on the victim.
The main substratum of argument of learned counsel for the applicant is that he has falsely been implicated in this case due to his dispute with the informant, who is father of the victim. It is submitted by the learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 16.4.2022.
Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant in the light of the averments made in the FIR.
Having heard learned counsel for the parties and examined the matter in its entirety, I find that there is no dispute that the victim is minor child aged about 10 years and the applicant is her teacher. The allegation of rape against the teacher on her minor
student is a heinous in nature.
Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to applicant and severity of punishment, I do not find any good ground to release the applicant on bail.
Accordingly, the bail application is rejected at this stage.
Order Date :- 11.4.2023 Ishrat
Digitally signed by :- MOHAMMAD ISHRAT High Court of Judicature at Allahabad
2 issues framed by the court
Whether an application under Section 439 Cr.P.C. for bail by a teacher accused of raping a 10-year-old student should be allowed.
If the gravity of the offence under IPC 376AB and POCSO 5(M)5(P) precludes bail during the pendency of trial.
1 provisions across 1 enactments
Alopi Shankar Shukla
State Of U.P.
Sanjay Kumar Singh
Mohammad Ishrat
As recorded by the court registry
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