The court dismissed the bail cancellation application filed by the informant against the accused convicted under Sections 376(B,D) IPC and Sections 5/6 POCSO Act. The court observed that while there were contradictions in the victim's statements, cancelling bail requires very cogent and overwhelming reasons, which were absent in this case.
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Neutral Citation No. - 2024:AHC:177685
Court No. - 66
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 116 of 2024 Applicant :- Jay Kishor Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Jatan Yadav Counsel for Opposite Party :- Archana Singh,G.A.
Hon'ble Sameer Jain,J.
Order Date :- 12.11.2024/Zafar
Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the trial court committed grave illegality in granting bail to the accused in a case involving a minor victim under Sections 376(B,D) IPC and POCSO Act?
Whether there are sufficient cogent and overwhelming grounds to cancel the bail already granted to the accused?
4 provisions across 3 enactments
Jay Kishor
Sameer Jain
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
