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Manoj vs State Of U.P. on 11 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 14

Case :- BAIL No. – 10642 of 2019

Applicant :- Manoj

Opposite Party :- State of U.P.

Counsel for Applicant :- Brijesh Kumar Kuldeep,Brijesh Kumar Gupta

Counsel for Opposite Party :- G.A.

Hon’ble Irshad Ali,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present bail application has been filed in a Case Crime No.346/2019 under Section 377 IPC 3/4 of POCSO Act at Police Station Wajirganj, District Lucknow.

Allegation against the applicant is that he committed act under Section 377 IPC and 3/4 of POCSO Act with a boy aged about 5 years and was caught red handed.

Learned counsel for the applicant submits that while taking statement under Section 164 Cr.P.C., the victim has not named the applicant, therefore, the applicant is entitled for the grant of bail.

On the other hand, learned A.G.A. opposed the bail application and on the basis of instruction, submitted that the applicant was caught red handed from the spot, therefore, the statement given by a child, who is aged about 5 years, is sufficient for denial of grant of bail to the applicant.

After having heard learned counsel for the parties, I have perused the material on record.

Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, the Court is of the view that the applicant has not made out a case for the grant of bail. Accordingly, the bail application is rejected.

Order Date :- 11.11.2019

Gautam

 

 

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