Ravi v. State of U.P. and 3 Others
Case brief
What is this about?
In a bail application under Section 439 Cr.P.C. in a rape and POCSO case, the Single Judge rejected the prayer, holding that there were no good grounds for release despite the victim's denial, noting the defence was still open and directing expeditious trial.
What did the court decide?
Bail application rejected; applicant remains in custody.
What the court decided
A compact analysis
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.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6557 of 2022
Applicant :- Ravi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sumit Goyal,A.Z.Khan Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate representing the State.
By means of this application under Section 439 of Cr.P.C., applicant-Ravi, who is involved in Case Crime No. 301 of 2021, under Sections 376-D, 506 IPC and Sections 5G/6 of POCSO Act, Police Station Nakur, District Saharanpur, seeks enlargement on bail during the pendency of trial.
As per prosecution case in brief, informant who is father of the victim lodged an FIR on 31.07.2021 against four accused persons namely Sachin, Vishal, Ravi (present applicant) and Akash for the alleged offence under Sections 376-D, 506 IPC and Sections 5g/6 of POCSO Act with the allegation inter-alia that on 31.07.2021 at about 12:00 o'clock when his daughter had gone outside his house to attend the call of nature, accusedpersons, who were already ambushed there, caught hold her and showing country-made pistol (tamancha) , committed rape on her. After culmination of investigation, charge-sheet has been submitted against all the accused persons.
It is argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. Before the trial court, the victim was examined as PW-3 on 18.02.2022 but she has denied the incident and has been declared hostile at the request of the prosecution, therefore, there is bleak chance of conviction of the applicant who is languishing in jail since 01.08.2021.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be released on bail during the pendency of the trial.
Whether the hostility of the victim witness and inconsistencies in the father's statement attract bail.
Parties & counsel
- applicant
Ravi
- respondent
State Of U.P.
Coram
Sanjay Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/6557/2022
Similar cases
Judgements on the same questions, provisions and authorities, from every court