Dismissed¶14

Kitabuddin Ansari v. State of U.P. and 3 Others

Allahabad HC3 Mar 2023BAIL/55805/2022

Case brief

AI extract

What is this about?

Allahabad High Court (Siddharth, J.), order dated 03.03.2023, rejects bail of Kitabuddin Ansari in rape case invoking IPC Ss.376/504/506, SC/ST Act S.3(2)(V) and POCSO Ss.5/6 (Crime No. 330/2022, Kushinagar); considers defence plea of consensual relationship and six-week pregnancy on 19.09.2022 versus incident date 14.09.2022; C.M.O. age assessment 18-22 years held non-absolving; trial to be completed within six months.

What did the court decide?

After hearing rival contentions, the Court finds there is no rebuttal of the facts stated in the counter affidavit that the applicant is a married man and has committed the offence of rape against the victim. ¶13

Kitabuddin Ansari Vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Reserved On:- 02.03.2023 Delivered On:- 03.03.2023

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55805 of 2022 Applicant :- Kitabuddin Ansari Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohammad Alam Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth, J.

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Heard Shri Mohd. Alam, learned counsel for applicant; Shri Sanjay Kumar, learned counsel for informant and learned AGA for State.

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The instant bail application has been filed on behalf of the applicant, Kitabuddin Ansari , with a prayer to release him on bail in Case Crime No. 330 of 2022, under Sections- 376, 504, 506 IPC, Section 3(2)(V) SC/ST Act and Section 5/6 of POCSO Act, Police Station- Nebuwa Naurangiya, District- Kushinagar, pendency of trial.

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There is allegation in the FIR that daughter of the informant aged about 18 years used to go to the house of the applicant for learning swing. On 14.09.2022 at about 10:00 am the applicant raped her daughter and on account of shame, she consumed poison with intent to commit suicide. She was taken to the hospital where after her treatment her condition improved and thereafter the FIR was lodged. The applicant is alleged to have abused her by hurling caste coloured abuses.

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Learned counsel for the applicant has submitted that it is a case of false implication of the applicant. He has submitted that the victim and the applicant were having consensual relationship and from the supplementary affidavit filed by the counsel for the applicant, it has come in the

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ultrasound report of the victim that she has six weeks pregnancy on 19.09.2022. He has submitted that the incident took place on 14.09.2022. The prosecution has failed to explain how the victim had six weeks pregnancy on 19.09.2022. He has submitted that the victim became pregnant prior to the alleged incident.

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Counsel for the informant has filed counter affidavit and has stated that the victim was under threat of the applicant and therefore she did not informed about the offence being committed against her by the applicant earlier. The victim was minor at the time of alleged offence. The applicant is a married man aged about 28 years and has committed heinous offence against the victim who is minor.

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Learned A.G.A has opposed the bail application of the applicant.

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After hearing the rival contentions, this Court finds that there is no rebuttal of the facts stated in the counter affidavit that the applicant is a married man and he has committed the offence of rape against the victim. Although victim has been found to be aged between 18-22 years by the C.M.O but it will not absolve the applicant of the alleged offence. Therefore, it is not a fit case for grant of bail to the applicant at this stage.

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The bail application is accordingly, rejected .

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Trial court is directed to conclude the trial of the applicant as expeditiously as possible preferably within a period of six months from the date of production of certified copy of this order.

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Order Date :- 03.03.2023

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Rohit

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Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad

Kitabuddin Ansari v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Kitabuddin Ansari v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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