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Monu vs State Of U.P. on 7 July, 2021

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HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 15040 of 2021

Applicant :- Monu

Opposite Party :- State of U.P.

Counsel for Applicant :- Raghvendra Pratap Singh

Counsel for Opposite Party :- G.A.

Hon’ble Rahul Chaturvedi,J.

Heard Sri Raghvendra Pratap Singh, learned counsel for the applicant, learned AGA and perused the record.

By means of this application, the applicant who is involved in case crime no. 1036 of 2020, under Sections 377 IPC and section 5/6 POCSO Act, P.S. Sahibabad, District- Ghaziabad is seeking enlargement on bail during the trial.

Submission made by learned counsel for the applicant that the applicant has falsely implicated on the ground that there is an inter se family dispute between the applicant and the informant.

Learned AGA has submitted that the informant of the case is Ms. Anjali, mother of the victim against the sole named accused person. The age of the victim is 5 years. In the medical report of the victim the doctor in his opinion also indicates that there is a multiple reddish abrasion present Anus orphic suggestive the fact that he was subject matter of unnatural sex. The applicant is the real uncle of the victim.

Taking into account the totality of circumstances, the age of the victim, the injury over his private organs and inter se relationship between the parties, I am not inclined to grant indulgence in favour of the applicant u/s 439 Cr.P.C.. Accordingly, the present bail application stands REJECTED.

Order Date :- 7.7.2021

Nisha

 

 

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