Abhishek v. State of U.P. and 3 Others
Case brief
What is this about?
Criminal court dismissed a bail application filed by an applicant in a POCSO case involving a mentally retarded prosecutrix. The court relied on Section 164 Cr.P.C. statement indicating mental instability and forcible sexual acts, ruling bail inestimatable pending trial.
What did the court decide?
Bail application rejected; application for release on bail not allowed.
What the court decided
Neutral Citation No. - 2023:AHC:164883
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32095 of 2023
Applicant :- Abhishek Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
- Sri Rajeev Dhar Dwivedi, learned AGA for the State apprised the Court that on 21.07.2023 notice has been served to the informant of the case. Despite service of notice, none appeared on behalf of the informant.
- Heard Sri Garun Pal Singh, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the Staterespondent.
- The instant application has been filed seeking release of the applicant on bail in Case Crime No. 624 of 2022, under Sections 363, 366, 376, 506 IPC & 3/4 POCSO Act, Police StationSasnigate, District- Aligarh, during pendency of the trial in the court below.
- FIR of the present case was lodged against co-accused Raju and Boby under Sections 363 and 366 IPC and according to the FIR, co-accused Raju and Boby enticed away the daughter of the informant aged about 15 years.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a POCSO case involving a mentally retarded prosecutrix.
Whether the inconsistencies in the prosecutrix’s statement vitiate her testimony against the applicant.
Parties & counsel
- applicant
Abhishek
- respondent
State Of U.P
Coram
Sameer Jain JJ
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/32095/2023
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