Anticipatory bail application in a case involving offences against a minor victim under IPC, POCSO Act and SC/ST Act sections. Court found prima facie SC/ST Act offence made out, victim's statements supporting prosecution, applicant's complicity evident, and dismissed the application.
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Neutral Citation No. - 2024:AHC-LKO:54714
Court No. - 14
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 917 of 2024
Applicant :- Raj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Dinesh Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
1. The present anticipatory bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.331 of 2022 under sections 354-K, 504, 506 I.P.C., 7/8 POCSO Act, 3(1)(D), 3(1)(Dh), 3(1)(B), 3(2) (5A) of SC/ST Act, P.S. Antu, district Pratapgarh.
2. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
3. A perusal of the allegations in the first information report shows that prima facie offence under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act is made out. The victim in her statement under sections 161 and 164 CrPC has supported the prosecution case. The victim was minor on the date of incident. The complicity of the applicant is evident. No case for anticipatory bail is made out.
4.The application is dismissed.
Order Date :- 8.8.2024 kkb/
Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether anticipatory bail under Section 438 CrPC should be granted to the applicant facing charges under IPC, POCSO and SC/ST Act for an offence against a minor victim.
8 provisions across 5 enactments
Raj
State Of U.P. Thru. Prin. Secy. Home Lko.
Karunesh Singh Pawar
As recorded by the court registry
4 orders share this CNR
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