Dismissed

Rizwan v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. of U.P. Civil Sectt. Lko. and 3 Others

Allahabad HC2 Jan 2024BAIL/7133/2023

Case brief

AI extract

What is this about?

The Allahabad High Court rejected bail in a criminal case involving enticement, abduction, and alleged sexual assault on a minor. The court noted the victim's inconsistency in statements and her status as a convicted minor, finding prima facie guilt, and directed expedited trial.

What did the court decide?

Bail application rejected. Trial directed to be expedited.

Rizwan Vs State of U.P. Thru. Prin. Secy… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:27

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7133 of 2023

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Applicant :- Rizwan

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Civil Sectt. Lko. And 3 Others Counsel for Applicant :- Alok Kumar Mishra,Anil Rawat Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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1. Heard learned counsel for the applicant who is involved in case crime No.30 of 2023 under sections 363, 366, 376(2) Jha I.P.C., sections 3/4 POCSO Act, P.S. Sandi, district Hardoi, learned Additional Government Advocate for the State and perused the record. None appears for the complainant.

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2. In the prosecution case, it is alleged that on 24.1.2023 in night, the accused applicant has enticed daughter of the complainant. At 1.00 O'Clock in the night, he found that the victim was not at home. The complainant is searching since then. However, whereabouts of the victim could not be found. She went away along with jewellery and cash. Complicity of the co-accused has been alleged in enticing away the victim.

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3. Learned counsel for the applicant who has filed supplementary affidavit which is taken on record, submits that in the cross-examination before the trial court, the victim has not supported the prosecution case. It is next submitted that the incident is of 24.1.2023, the medical examination of the victim was conducted on 29.1.2023 and the statement of victim under section 164 CrPC was recorded on 28.1.2023. The victim is a consenting party. She has not supported the prosecution version in the cross examination before the trial court.

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4. Learned A.G.A. opposed the prayer for bail and submitted that as per school record, the victim is a 13 years old minor girl. Radiological age of the victim is 15 years. The victim, though, in her statement under sections 161 and 164 CrPC has admitted that she made sexual relationship with the applicant, however, while giving statement before the court in her examination in chief, she has clearly stated that the applicant had made sexual

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relationship against her will and consent.

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5. Considering the facts and circumstances of the case, including the statement of the victim in her examination in chief, the fact that, she is 13 years old according to school record, I prima facie find complicity of the applicant in commission of the crime and as such, I am not inclined to enlarge the applicant on bail. The application is accordingly rejected.

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6. The trial court is directed to expedite the trial.

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Order Date :- 2.1.2024 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Rizwan v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. of U.P. Civil Sectt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Rizwan v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. of U.P. Civil Sectt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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