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Chandrashekhar vs State Of U.P. And Another on 19 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 36340 of 2019

Applicant :- Chandrashekhar

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Chandra Prakash Tiwari

Counsel for Opposite Party :- G.A.

Hon’ble Rahul Chaturvedi,J.

Heard learned counsel for the applicant, learned counsel for the informant as well as learned A.G.A. and perused the record.

By means of this application, the applicant who is involved in case crime no.271 of 2019, under Section 376Ka, Kha SectionIPC and Section 4 of POCSO Act, Police Station-Kotwali, District-Mahoba is seeking enlargement on bail during the trial.

Submission made by learned counsel for the applicant is that the FIR was registered by the mother of the victim against the applicant under Section 354 IPC and Section 8 of POCSO Act.

Learned A.G.A. submits that the age of the victim is only four years and she was sexually assaulted by the applicant. Learned A.G.A. further submits that the statement of the victim recorded under Section 161 Cr.P.C. clearly indicates that she was the subject matter of sexual assault by the applicant. The doctor has opined that her hymen was ruptured and congested and she was subjected to forceful vaginal penetration.

Keeping in view the complicity of the applicant in the commission of crime and submissions of the learned counsel for the parties, I am of the view that the applicant has not made out a fit case for bail. Accordingly, the present application stands rejected.

Order Date :- 19.9.2019

Sumit S

 

 

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