Criminal bail application rejected. Applicant sought bail in a POCSO rape case involving a 13-year-old victim. Court found defence improbable and dismissal of bail ruling accepted due to gravity of charges and victim's statements.
Bail application rejected; applicant not entitled to release on bail.
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Neutral Citation No. - 2023:AHC:135258
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9402 of 2023
Applicant :- Shahjad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anil Kumar,Amresh Bahadur Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
but from perusal of statements, it appears that she is not truthful witness, as there are material contradictions in her both the statements as she stated that at the time of alleged commission of rape one Abhay arrived at the spot and saved her but no such fact was mentioned in the F.I.R..
Order Date :- 7.7.2023 Zafar
Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving rape of a minor.
Whether the alleged defence of false implication is credible at the bail stage.
2 provisions across 2 enactments
Shahjad
State Of U.P.
Samir Kishore Sharma
Mohammad Zafar Ansari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
