Amit Bhardwaj v. State of U.P and 3 Others
Case brief
What is this about?
The High Court of Judicature at Allahabad rejected a bail application in a rape case involving an accused charged under Section 376A IPC and Section 5/6 POCSO. The court held that presence of human sperm corroborated the prosecution's case despite allegations of injury and intact hymen sufficing for no rape conviction.
What did the court decide?
Bail prayer rejected; application dismissed.
What the court decided
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9302 of 2022
Applicant :- Amit Bhardwaj Opposite Party :- State Of U.P And 3 Others Counsel for Applicant :- Bhaskar Bhadra,Rajeev Goswami Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Supplementary affidavit filed today on behalf of the applicant is taken on record.
Sri Varun Kumar Agnihotri, learned brief holder for the State apprised the Court that on 10.3.2023 notice has been served upon the informant of the case.
Despite service of notice, none appeared on behalf of the informant.
Heard Sri Rajeev Gowshami, learned counsel for the applicant and Sri Varun Kumar Agnihotri, learned brief holder for the State.
The instant application has been filed seeking release of the applicant on bail in Case Crime No. 760 of 2021, under Sections 376A, B, 506 IPC and Section 5/6 POCSO Act, Police Station- Izzatnagar, District- Bareilly, during pendency of the trial in the court below.
FIR of the present case was lodged against the applicant and according to the FIR, applicant committed rape with the minor daughter of the informant aged about 9 years.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a rape case against a minor involving evidence of human sperm?
Whether intact hymen and absence of physical injury negate the statutory offence of rape under Section 376 IPC?
Parties & counsel
- applicant
Amit Bhardwaj
Coram
Sameer Jain J.
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/9302/2022
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