Ramkaran Kewat Alias Banta v. State of U.P. and 3 Others
Case brief
What is this about?
The High Court rejected a second bail application filed by Ramkaran Kewat Alias Banta. The applicant was accused under the POCSO Act and IPC regarding sexual abuse of a 4-year-old minor. The Court held that no good ground existed to disbelieve the victim's statement and granted bail.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43282 of 2022
Applicant :- Ramkaran Kewat Alias Banta Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Om Prakash Counsel for Opposite Party :- G.A.,Beena Mishra
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the informant.
By means of this second bail application under Section 439 of Cr.P.C., applicant- Ramkaran Kewat Alias Banta, who is involved in Case Crime No. 228 of 2020, under Sections 376 AB, 323 IPC, Section 6 of POCSO Act and Sections 3(2)5, 3(2)5A, 3(1) R,S of SC/ST Act, Police Station Kotwali Nagar, District Hamirpur, seeks enlargement on bail during the pendency of trial.
First bail application of the applicant was rejected by the co-ordinate Bench of this Court for want of prosecution vide order dated 20.05.2022 in Criminal Misc. Bail Application No. 5373 of 2021.
As per prosecution case in brief, informant who is father of the victim lodged an F.I.R. on 30.10.2020 at 19:36 hours against the applicant with the allegation inter-alia that on 30.10.2020 at about 14:00 hours when he and his wife had gone for some walk, his minor daughters aged about 12 years and 4 years respectively were alone at his paan-guthka shop and at that time, applicant came to his shop and took his younger daughter to an under constructed house where he disrobed her and committed misdeed with her. When she started weeping, he beaten her.
Issues for consideration
2 issues framed by the court
Whether an application for enlargement on bail under Section 439 Cr.P.C. can be allowed given the gravity of the sexual offences charged.
Whether good grounds exist to disbelieve the statement of the minor victim alleging sexual abuse.
Parties & counsel
- applicant
Ramkaran Kewat Alias Banta
- respondent
State Of U.P.
Coram
Sanjay Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/43282/2022
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