High Court dismissed an application for cancellation of bail granted to a female accused under the POCSO Act and IPC, holding that the statutory proviso protecting women from remand overrides the seriousness of the charges, making the application liable to be rejected.
Application for cancellation of bail is dismissed.
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Neutral Citation No. - 2023:AHC:157424
Court No. - 65
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 406 of 2023
Applicant :- Smt. Geeta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Reena Pal,Adarsh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
order passed by court below in favour of the accused/opposite party no.2. It is thus urged by the learned A.G.A. that present application for cancellation of bail is wholly misconceived and therefore, liable to be rejected by this Court.
Order Date :- 4.8.2023 Zafar
Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court can grant bail to a female accused under proviso to Section 437 Cr.P.C. in a case involving the Protection of Children from Sexual Offences Act, even if another charge is seriou
Whether an application seeking cancellation of such bail is maintainable given the statutory special protection for women accused.
Smt. Geeta
State of U.P.
Vidhi
Rajeev Misra
Mohammad Zafar Ansari
As recorded by the court registry
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