The High Court rejected a bail application filed by Ram Pratap for crimes under 363, 366, 376 IPC and POCSO. Finding the victim to be a minor, the court held her consent was void and dismissed the bail plea without expressing an opinion on merits.
The bail application filed by the applicant Ram Pratap is rejected, and he remains in judicial custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:124082
Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58784 of 2022
Applicant :- Ram Pratap Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.,Beena Mishra
Hon'ble Nalin Kumar Srivastava,J.
counsel for High Court Legal Services Committee has vehemently oppose the bail application and submitted that the victim of this case is a minor girl and in the medical report after physical examination of the victim her age has been found about 16 years. It is further submitted that according to the educational certificates of the victim her date of birth is 15.6.2007 and on the basis of the aforesaid evidence she was a minor girl on the date of occurrence and her consent as such has no legal value. It is further submitted that the accused persuaded the minor girl to solemnize marriage with him. The offence is very serious and the bail application deserves to be rejected.
Order Date :- 5.6.2023 Fhd
Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail in a case involving offences punishable under 3/4 POCSO Act.
Whether the consent of the prosecutrix, a minor girl, has any legal value in relation to the alleged abduction and bigamy.
Whether the applicant has made out a case sufficient to enlarge him on bail.
Ram Pratap
State Of U.P.
Nalin Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
