Dismissed

Chandrabhan v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. and 3 Others

Allahabad HC22 May 2025BAIL/13257/2024

Case brief

AI extract

What is this about?

Second bail application in a POCSO case involving alleged digital penetration of a three-month-old infant. Despite the prosecution witness turning hostile in cross-examination, the court relied on the medico-legal examination report showing hymen absence, fresh bleeding and swelling, and rejected the bail application.

What the court decided

AI extract

Chandrabhan Vs State of U.P. Thru. Addl… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:30626

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13257 of 2024

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Applicant :- Chandrabhan

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Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Avnish Kumar Tiwari,Anil Mishra,Rajat Raj Narayan Bajpai

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Rajat Raj Narayan Bajpai, learned counsel for the applicant and Shri Mohd. Asif Khan, learned A.G.A.-I for the State

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This is the second application seeking release of the applicant on bail in Case Crime No.17 of 2023 under Sections376-AB, 452 IPC & Section 5M/6 of P.O.C.S.O. Act registered at Police Station- Madhoganj, District- Haroi.

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The ground that has been raised by the learned counsel for the applicant is that the prosecution witness has turned hostile.

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The first bail application of the applicant bearing Crl. Misc. Bail Application No.1920 of 2024 was rejected by means of an order dated 09.07.2024 passed by a Co-ordinate Bench of this Court and in that also, it is recorded that the informant had supported the prosecution story in her examination-in-chief but she has turned hostile in her cross-examination.

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The allegation in the present case is that the applicant was playing with the three months' old daughter of the informant and he put his finger inside her vagina.

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The medico-legal examination report of the three months' old victim mentions that her hymen was not present and fresh bleeding on vagina was present. It is also mentioned in the medico-legal examination report that swelling was present over

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labia majora and labia minora.

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Keeping in view the findings of the medico-legal examination report, I am of the view that the applicant is not entitled to be released on bail.

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The second bail application of the applicant is accordingly rejected .

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[Subhash Vidyarthi, J.]

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Order Date :- 22.5.2025

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-Amit K-

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

Chandrabhan v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. and 3 Others

Case brief

What is this about?

What the court decided

Chandrabhan v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. and 3 Others

Case brief

What is this about?

What the court decided

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