Allahabad High Court
Gyan Chandra Sonkar @ Golu vs State Of U.P. And Another on 4 December, 2019
Author: Pritinker Diwaker
Bench: Pritinker Diwaker
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42069 of 2019 Applicant :- Gyan Chandra Sonkar @ Golu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Srivastava,Manav Chaurasia,Prem Pushp Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Pritinker Diwaker,J.
Heard Shri P.K. Srivastava, learned counsel for the applicant and Shri O.P. Mishra, learned AGA for the State.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the trial in Crime No. 216 of 2019, under Sections 363, 366, 376 (2) Jha of IPC and 3/4 POCSO Act, Police Station-Kokhraj, District-Kaushambi.
As per prosecution case, on 1.5.2019, prosecutrix aged about 14 years was subjected to rape by the applicant.
Learned counsel for the applicant submits that as per medical report, age of the prosecutrix was of 17 ? 18 years and she was a consenting party.
Opposing the bail application, it has been argued by the State Counsel that as per High School certificate, the prosecutrix was about 16 years and four months and that injuries have also been found on her private part.
Having heard learned counsel for the parties and considering the evidence available on record, in particular the fact that the prosecutrix was a minor girl as per High Schools certificate as well as medical report, I am not inclined to release the applicant on bail. The application is accordingly rejected.
Order Date :- 4.12.2019 nethra