Mohd. Khushahal @ Lakki v. State of U.P. and 3 Others
Case brief
What is this about?
Criminal bail application rejected. Court held there was no sufficient ground to enlarge the applicant on bail given the nature of the offence, medical evidence, and complicity established during investigation, without commenting on the merits of the specific case claims.
What did the court decide?
Bail application rejected; applicant to remain in custody pending trial.
What the court decided
Neutral Citation No. - 2023:AHC:230645
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51050 of 2023
Applicant :- Mohd. Khushahal @ Lakki Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shamshuddin Khan (S U Khan) Counsel for Opposite Party :- G.A.,Jitendra Prasad Mishra
Hon'ble Rajeev Misra,J.
Heard Mr. S. U. Khan, the learned counsel for applicant and the learned A.G.A. for State.
This bail application has been filed by the applicant Mohd. Khushahal @ Lakki, seeking his enlargement on bail in Case Crime No. 781 of 2023 under Sections 120B, 376 (3) IPC and Sections 3/4/17 POCSO Act, P.S. Nandgram, District Ghaziabad during the pendency of trial.
At the very outset, the learned A.G.A. submits that notice of present application for bail has been served upon first informant Smt. Meena Devi, opposite party 2 on 23.11.2023. However, in spite of service of notice, no one appears on behalf of first informant opposite party 2 to oppose this application for bail.
Record shows that in respect of an incident, which is alleged to have occurred on 5.10.2023, a delayed F.I.R. dated 07.10.2023 was lodged by first informant Smt. Meena Devi (mother of the prosecutrix) and was registered as Case Crime No. 781 of 2023 under Sections 376 120B IPC and Sections 3/4 POCSO Act, P.S. Nandgram, District City (Commissionerate Ghaziabad). In the aforesaid F.I.R., two persons namely Mohd. Khushahal @ Lakki Ansari (applicant herein) and Sangeeta have been nominated as named accused.
Issues for consideration
3 issues framed by the court
Whether sufficient grounds exist to grant bail to an accused charged with rape and offences under POCSO Act.
Whether the medical evidence and victim's statement establish complicity requiring custodial arrest.
Whether the applicant has demonstrated clean antecedents and lack of incriminating circumstances warranting bail.
Parties & counsel
- applicant
Mohd. Khushahal @ Lakki
- respondent
State Of U.P.
Coram
Rajeev Misra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/51050/2023
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