The court considered a bail application in a rape case involving a child victim under the POCSO Act. Despite the applicant's claims of false implication and co-morbidity issues for both parties, the court noted the child victim's statement and rejected the bail plea.
The bail application filed by the applicant was rejected.
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.
Neutral Citation No. - 2023:AHC:235749
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47857 of 2023
Applicant :- Tedu @ Ismail Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Nagendra Kumar Tripathi,Avinash Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
are neighbours and a dispute with regard to drain is pending between both the families and only due to this reason, he has been made accused in the present matter.
therefore, from the record it appears, she was child.
Order Date :- 13.12.2023 SKM
Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to be released on bail in a case involving alleged sexual assault on a child.
Whether vague allegations of false implication are sufficient to override the statement of a victim.
Whether the lack of injuries on the victim necessitates a change in the bail decision.
3 provisions across 3 enactments
Tedu @ Ismail
State Of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
