Anil v. State of U.P.
Case brief
What is this about?
High Court rejected the bail application of an accused charged with rape and murder. The court noted a delay in medical examination compromised the negative report's relevance and found no grounds to disbelieve the victim's statement.
What the court decided
1
Reserved On:- 28.03.2023 Delivered On:- 04.04.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5227 of 2021 Applicant :- Anil
Opposite Party :- State of U.P. Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A., Narayan Singh (Kushwaha)
Hon'ble Siddharth, J.
- Heard Sri Kameshwar Singh, learned counsel for the applicant; Sri Narayan Singh Kushwaha, learned counsel for the informant and learned A.G.A for the State.
- The instant bail application has been filed on behalf of the applicant, Anil, with a prayer to release him on bail in Case Crime No. 172 of 2020, under Sections- 452, 302, 376-D, 506 IPC and under Section 6 of POCSO Act, Police Station- Jalesar, District- Etah, pendency of trial.
- There is allegation against the applicant and co-accused, Vipin, that on 07.05.2020 when the daughter of the informant was alone in the house, they entered into the house and forcibly committed the rape of his daughter. His Younger son, Kishan Kumar, aged about 11 years saw the incident and hence the applicant and co-accused throttled him to death and after threatening his daughter not informing about the incident to anyone they ran away. The applicant came to back to his house and saw his son dead and burried his dead body. The incident took place on 07.05.2020 but his daughter informed the informant about the entire incident on 09.05.2020 and hence the FIR was lodged on 10.05.2020.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving rape, murder, and POCSO charges.
Whether a negative pathology report belatedly obtained exonerates the applicant.
Parties & counsel
- applicant
Anil
- respondent
State of U.P.
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/5227/2021
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