Anuj v. State of U.P. and 3 Others
Case brief
What is this about?
The Allahabad High Court rejected a bail application filed by an accused charged with offences under IPC 376(3) and POCSO for alleged sexual assault on a 14-year-old girl. The Court found no sufficient ground to enlarge the accused on bail despite arguments regarding medical evidence and consistency in statements.
What did the court decide?
Bail application rejected; applicant liable to remain in custody pending trial.
What the court decided
Neutral Citation No. - 2023:AHC:225067
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41307 of 2023
Applicant :- Anuj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manish Kumar Tripathi,Arpit Pal Counsel for Opposite Party :- G.A.,Anil Kuamr Mishra
Hon'ble Rajeev Misra,J.
Heard Mr. Manish Kumar Tripathi, the learned counsel for applicant, the learned A.G.A. for State and Mr. Anil Kumar Mishra, the learned counsel for first informant/opposite party-3.
Perused the record.
This application for bail has been filed by applicant- Anuj seeking his enlargement on bail in Case Crime No. 43 of 2023, under Sections 452, 506, 376(3) IPC and Section 3/4 POCSO Act,, Police Station- Saroorpur, District Meerut, during the pendency of trial.
Record shows that in respect of an incident which is alleged to have occurred on 2.3.2023, a belated F.I.R. dated 3.3.2023 was lodged by first informant- Vinod (father of the prosecutrix) and was registered as Case Crime No. 43 of 2023, under Sections 452, 506, 376(3) IPC and Section 3/4 POCSO Act,, Police Station- Saroorpur, District Meerut. In the aforesaid F.I.R. applicant has been nominated as named accused.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be enlarged on bail in a trial stage case involving sexual assault on a minor prosecutrix.
Whether the consistent statement of the prosecutrix despite lack of medical evidence of forceful assault necessitates bail for the accused.
Parties & counsel
- applicant
Anuj
- respondent
State Of U.P.
- respondent
Vinod
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/41307/2023
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