In Criminal Misc. Bail Application No. 52160 of 2022, the Allahabad High Court refused bail to Sainoor charged under IPC 376(3) and POCSO Act in respect of a minor victim. The court held that prima facie grounds were insufficient to enlarge the accused on bail.
Prayer for bail is refused and application dismissed.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52160 of 2022
Applicant :- Sainoor Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anand Ji Mishra,Kaushal Kumar Pandey Counsel for Opposite Party :- G.A.,Harsh Vijay,Sudhir Kumar
Hon'ble Dr. Gautam Chowdhary,J.
Heard Sri Anand Ji Mishra, learned counsel for the applicant, learned A.G.A. for the State, Sri Harsh Vijay, learned counsel for the complainant and perused the record.
This application has been filed with a prayer to release the applicant on bail in case crime No. 268 of 2022, under sections 376(3) IPC and section 3/4 (2) POCSO Act, P.S. Kharkhaunda, District Meerut.
It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case. Further contended that the present applicant is aged about 20 years and married one. According to medical examination report the victim has not received any external or internal injury on her body and lastly argued that applicant is in jail since 20.07.2022.
Per contra learned counsel for the complainant and learned A.G.A. for the State rebutted the above arguments stating that applicant-accused is named in the FIR. The statement of victim is intact as recorded under sections 161 as well as 164 Cr.P.C., as per the record the victim is minor and the gravity of the offence is too much, therefore, the applicant may not be released on bail
Having considered the submissions raised by the counsel for the applicant-accused and the objections raised by learned counsel for the first informant and learned A.G.A. for the State, gravity and severity of the offence and conduct of the applicantaccused, I am of the view that prima facie at this stage grounds are not sufficient to enlarge the applicant-accused on bail. Accordingly, prayer for bail is refused.
Accordingly, this application is dismissed .
Order Date :- 19.1.2023
RPD
Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant-accused is entitled to bail in a case involving grave offences under IPC and POCSO Act.
Whether the gravity of the offence and the conduct of the applicant bar the grant of bail.
Sainoor
Dr. Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
