In a criminal miscellaneous anticipatory bail application under Section 438 Cr.P.C. regarding allegations under SC/ST Act, POCSO, and IPC sections, the court found a prima facie case out and dismissed the application.
The anticipatory bail application was dismissed.
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.
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 should be granted in a prima facie case of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities), POCSO, and IPC offences involving a minor victim.
4 provisions across 4 enactments
Raj
State Of U.P.
Karunesh Singh Pawar
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
