Dismissed

Gopal v. State of U.P. and 3 Others

Allahabad HC2 Jun 2023BAIL/52149/2022

Case brief

AI extract

What is this about?

The Allahabad High Court rejected a bail application filed by Gopal in a case involving rape and offences under the POCSO Act. Despite contradictions in the victim's statements and claims of false implication, the Court held that the bail application was not made out and rejected it, directing the trial court to conclude the trial within one year.

What did the court decide?

The bail application is rejected. The trial court is directed to decide the matter expeditiously within one year.

Gopal Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:123609

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52149 of 2022

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Applicant :- Gopal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.,Anil Kumar Bind

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Hon'ble Nalin Kumar Srivastava,J.

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Compliance affidavit filed today on behalf of the State is taken on record.

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Criminal Misc. Exemption Application is allowed.

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Present bail application has been filed by the applicant - Gopal with the prayer to enlarge him on bail in case crime no. 379 of 2021, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, P.S. Maudarwaja, District Farrukhabad.

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Heard learned counsel for the applicant, learned counsel for the informant as well as the learned A.G.A for the State and perused the record.

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In this matter, it has been alleged in the F.I.R. against the applicant that the minor daughter of the informant was induced by the applicant and when the informant went to the house of the applicant, it was closed and the applicant and his family members had fled away. F.I.R. was lodged on 24.8.2021 under Sections 363 and 366 IPC and investigation started and now charge sheet has been submitted under Sections 363, 366, 376 IPC and 3/4 POCSO Act.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that in the F.I.R. only on the basis of suspicion the present applicant has been implicated in this case. In her statement recorded under Section 161 CrPC the minor victim has nothing stated by her regarding any physical relationship between the applicant and the victim. There are major contradictions in the statements of the victim recorded under Sections 161 and 164 CrPC. The applicant has no criminal history.

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He is languishing in jail since 1.9.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. It is further submitted that relationship, if any, between the victim and the applicant, was the result of consent of the victim herself.

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On the other hand, learned AGA opposed the prayer for bail and submitted that in her statement under Section 164 CrPC the minor victim has specifically stated before the Magistrate that physical relations took place between the two. It is further submitted that consent, if any, of the minor girl has no legal value. It is a case of rape with minor girl and as such the offence is serious in nature.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victim recorded under Section 164 CrPC and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application is liable to be rejected and the same is accordingly rejected .

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However, trial court is directed to decide the trial of the matter expeditiously, preferably within a period of one year from the date of production of certified copy of this order before it.

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Order Date :- 2.6.2023

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safi

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Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad

Gopal v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Gopal v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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