Shahrookh v. State of U.P. and 3 Others
Case brief
What is this about?
A criminal misc. bail application under Section 439 CrPC was rejected. The applicant alleged false implication and argued the victim was a consenting adult. The court held the victim was a minor per school records, rendering consent invalid, and denied bail due to the nature of the offences.
What the court decided
Neutral Citation No. - 2023:AHC:135634
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56455 of 2022
Applicant :- Shahrookh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
1. List revised.
- Heard Sri Rajesh Kumar, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.
- This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Shahrookh , seeking enlargement on bail during trial in connection with Case Crime No. 765 of 2022, under Sections 363, 366, 376, 504, 506 IPC and Section 3/4 POCSO Act, registered at P.S. Kotwali Auraiya, District Auraiya.
- The First Information Report of the present case was lodged under Sections 363, 366, 504, 506 IPC on 07.09.2022 by Smt. Reeta Devi against the applicant, Danish, Anoop and Ramakant alleging therein that her husband is a vegetable vendor. On 07.09.2022 at about 07:00 am the accused persons came in her house and on that date her husband had gone to the wholesale market at about 06:00 am to buy vegetables. They enquired about her husband Ram Babu and told her of some work with him. The informant went in the kitchen to make tea for them and in the meantime, they took away her daughter aged about 15 years. They were seen by some persons taking her away.
Issues for consideration
2 issues framed by the court
Whether the applicant is eligible for bail during trial for offences including POCSO and rape.
Whether the victim's status as a minor negates the defense of consent.
Parties & counsel
- applicant
Shahrookh
- respondent
State Of U.P.
Coram
Samit Gopal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/56455/2022
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