The single-judge High Court dismissed a bail application under IPC Sections 376, 366A, 363, 120-B and POCSO sections 3(A) and 4 due to the gravity of offences and victim's minority.
Bail application dismissed pending further orders.
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.
| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| BA1 No.1320 of 2021 Hon’ble R.C. Khulbe, J. Mr. Sachin Kr. Sharma, learned counsel for the applicant. Ms. Shivangi Gangwar, learned B.H. for the State. Accused–Shanwaj has sought his release on bail in connection with Case Crime/FIR No.203/2020, u/s 363, 366A, 376, 120-B IPC and u/s 3(A)/4 POCSO Act, registered at P.S. Ranipur, District Haridwar. It is argued that the accused has been falsely implicated; he is languishing in jail since 23.07.2020; there is no criminal history; he is ready to furnish the sureties and may be granted bail. Per contra, learned counsel for the State opposed for bail. In the present matter, the occurrence occurred on 20.07.2020 and FIR was lodged on 21.07.2020; he is named in the FIR; the prosecutrix appeared before the Magistrate where her statement was recorded under Section 164 Cr.P.C., she narrated the entire story; as per her statement the accused took her away in a hotel where he committed rape with her; admittedly, the prosecutrix was minor at the time of occurrence, accordingly, looking to the gravity of the offence, it is not a fit case for bail at this stage. The bail application is thus, dismissed. Pending application, if any, stands disposed of. (R.C. Khulbe, J.) 02.08.2021 BS |
2 issues framed by the court
Whether bail should be granted in a POCSO case where the prosecutrix is a minor and the allegation involves rape.
Whether the gravity of the offence under IPC Sections 376, 366A and 363 justifies denial of bail.
7 provisions across 3 enactments
Shanwaj
State
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
