Deepu Vishwakarma v. State of U.P. and 3 Others
Case brief
What is this about?
In a bail application by an accused charged with kidnapping and sexual assault on a minor under sections 363, 376 IPC and 3/4 POCSO Act, the Court rejected the plea due to the gravity of the offence and the complicity of the accused despite counsel's arguments regarding FIR delay and medical reports.
What the court decided
Neutral Citation No. - 2023:AHC:228015
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45708 of 2023
Applicant :- Deepu Vishwakarma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Satyendra Kumar Tripathi,Bhupendra Pal
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
- Heard Mr. S.K. Tripathi, the learned counsel for applicant and the learned A.G.A. for State.
- Perused the record.
- This application for bail has been filed by applicant-Deepu Vishwakarma seeking his enlargement on bail in Case Crime No. 129 of 2023, under Sections 363, 376, 506 IPC and Sections 3/4 POCSO Act, Police Station-Ram Nagar, District-Varanasi during the pendency of trial.
- At the very outset, the learned A.G.A. submits that notice of present application for bail has already been served upon first informant-opposite party 2 on 05.10.2023. However, in spite of service of notice, no one has put in appearance on behalf of first informant-opposite party 2 to oppose this application for bail.
Issues for consideration
2 issues framed by the court
Whether an application for bail should be granted in a case involving delayed FIR and disputed medical evidence in a serious sexual offence against a minor.
Whether the contradictions in the prosecutrix's statements and lack of forensic signs of assault necessitate discharge or bail for the accused.
Parties & counsel
- applicant
Deepu Vishwakarma
- respondent
State Of U.P.
Coram
Rajeev Misra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/45708/2023
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