Manoj Gupta v. State of U.P. and 3 Others
Case brief
What is this about?
The Court refused bail to the applicant in a cricket match case involving rape and POCSO allegations, citing unexplained injuries found in the medical report of the victim and deeming it an unfit case for bail.
What did the court decide?
Bail application rejected; trial directed to be concluded within six months.
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.
1
Reserved On:- 21.02.2023 Delivered On:- 27.02.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4309 of 2023 Applicant :- Manoj Gupta Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Surendra Mohan Mishra,Indra Jit Singh,Sr. Advocate
Counsel for Opposite Party :- G.A.,Ghan Shyam Dubey
Hon'ble Siddharth, J.
- Heard Shri O.P. Singh, learned Senior counsel assisted by Shri Indra Jit Singh, learned counsel for applicant; Shri Ghan Shyam Dubey, learned counsel for informant and learned AGA for State.
- The instant bail application has been filed on behalf of the applicant, Manoj Gupta, with a prayer to release him on bail in Case Crime No. 226 of 2022, under Sections- 376-D.A, 506, 323 IPC and Section 5/6 of POCSO Act, Police Station- Mohana, District- Siddharth Nagar, pendency of trial.
- There is allegation against the applicant of committing the offence of rape, threatening and beating of a minor girl besides implication under section 5/6 of POCSO Act.
- Learned Senior Counsel for the applicant has submitted that it is a case of false implication of the applicant. The victim was not minor but major aged about 17 years. The medical report does not supports the prosecution case. The applicant is in jail since 27.09.2022 and has no criminal history to his credit.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to release on bail given the nature of the charges and medical evidence indicating injuries to the victim.
Parties & counsel
- applicant
Manoj Gupta
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/4309/2023
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