Naveen v. State of U.P. and 3 Others
Case brief
What is this about?
In this bail application under Section 438 CrPC, the Allahabad High Court examined allegations of rape against a 12-year-old child. Relying on the victim's statements and the lack of corroborating medical evidence, the court rejected the bail plea, holding the applicant not entitled to release.
What did the court decide?
Bail application rejected; applicant not entitled to release at this stage.
What the court decided
Neutral Citation No. - 2023:AHC:228960
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46115 of 2023
Applicant :- Naveen Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Alka Upadhyay,Manish Tiwari Counsel for Opposite Party :- G.A.,Gunjan Sharma
Hon'ble Sameer Jain,J.
- Sri Imran Khan, learned AGA, for the State, apprised the Court that otice has been served to the informant of the case on 20.10.2023.
- Despite service of notice, none appeared on behalf of the informant.
- However, Ms. Gunjan Sharma, learned counsel appearing on behalf of the High Court Legal Services Committee is present.
- Heard Ms. Alka Upadhyay, learned counsel for the applicant, Ms. Gunjan Sharma, learned counsel appearing for the High Court Legal Services Committee and Sri Imran Khan, learned AGA, for the State.
- The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.173 of 2023, under Sections 376 and 452 IPC and Section 5/6 POCSO Act, Police Station Kotwali Hathras, District Hathras during pendency of the trial.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to release on bail in a case involving alleged rape under Sections 376 IPC and POCSO Act against a child victim.
Whether false implication can be established given the victim's age and the lack of medical report corroborating the allegation.
Parties & counsel
- applicant
Naveen
- respondent
State Of U.P.
Coram
Sameer Jain
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/46115/2023
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