Allahabad High Court
Payal Nevate vs State Of U.P And Another on 24 April, 2024
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:72479 Court No. - 65 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 99 of 2021 Applicant :- Payal Nevate Opposite Party :- State Of U.P And Another Counsel for Applicant :- Akash Tomar Counsel for Opposite Party :- Ajay Kumar Mishra,G.A. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Prakhar Srivastava, learned counsel for applicant.
2. This bail cancellation was filed in 2021 for cancelling bail of accused granted by Trial Court on 21.01.2021 in Case Crime No. 13 of 2021 under Sections 452, 376, 323, 506, 511 IPC and 7/8 of POCSO Act, Police Station- Transport Nagar, District- Meerut.
3. Learned counsel submits that it is a case of rape, however, trial Court has in haste granted bail to accused persons without even waiting for victim?s statement to be recorded under Section 164 Cr.P.C.; he further submits that there were contusion on face of victim, therefore, it was a case where victim has struggled, however, he has failed to show that there was any injury on private part of victim.
4. Learned counsel is not aware whether subsequently statement of victim under Section 164 Cr.P.C. has been recorded or not and he is not aware of nature of charge sheet as well as present status of trial.
5. In view of above and taking note of judgment of Supreme Court in Himanshu Sharma vs. State of Madhya Pradesh, 2024 SCC Online SC 187 and trial Court has assigned adequate reasons while granting bail, I do not find it a case for cancel bail at this stage, hence, bail cancellation application is rejected.
6. However, in case there is a charge of rape and statement of victim is still not recorded during trial, the trial Court will take all endeavour to record statement of victim and conclude the trial expeditiously.
Order Date :- 24.4.2024 N. Sinha