SIDDHARTH
Sunil Kumar Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Imran Ullah, learned counsel for the applicant, Sri Gaurav Kakkar, learned counsel for the informant and learned A.G.A. for the State.
2. The instant bail application has been filed on behalf of the applicant, Sunil Kumar Yadav, with a prayer to release him on bail in Case Crime No. 82 of 2020, under Sections 376, 506 I.P.C., Section ¾ of Protection of Children From Sexual Offences Act, 2012 and Section 67(B) of Information Technology (Amendment) Act, 2008, Police Station-Churkhi, District-Jalaun, during pendency of trial.
3. The applicant has been implicated in this case on the allegation of committing the offence of rape against a woman under 16 years of age, hatching of criminal conspiracy, threatening, committing the offence of penetrative sexual assault and offence u/s 67B of Information Technology (Amendment) Act, 2008, along with three co-accused persons also named in the first information report.
4. The allegation in the first information report is that about five years ago when the prosecutrix was studying in Class-X, co-accused, Rashmi and Pinki, called her to their house where she met their brother, the applicant. She was given sweets on the eve of Ho
The court emphasized the seriousness of the allegations and the need for expeditious trial in cases involving offences against children and threats to their safety.
Point of law: Applicant-accused is a student and he is languishing in jail, having no criminal history, and that in case the applicant-accused is released on bail, he will not misuse the liberty of b....
Crime against women and children - Rape - Bail rejected - Statements of witness annexed with affidavit in support of bail-application are also sufficient together to show, the accused-applicant is ca....
The court emphasized the responsibility to consider the victim's interest and found the applicant's arguments regarding the victim's age and consent unconvincing.
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