Mosin/Mohsim vs State Of U.P. & Ors.
2021 Latest Caselaw 1033 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- BAIL No. - 377 of 2021
 

 
Applicant :- Mosin/Mohsim
 
Opposite Party :- State Of U.P. & Ors.
 
Counsel for Applicant :- Pankaj Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.

2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0571 of 2020, under Sections 377 and 506 IPC and 5/6 POCSO Act lodged at Police Station Aashiyana, District Lucknow.

3. The applicant is an accused of sodomizing 9 years child; the statement of the victim recorded under Section 164 CrPC fully corroborates the prosecution case.

4. The only submission made by the learned counsel for the accused-applicant is that the FIR is delayed by three months and, there is no medical report, supporting the version of the victim.

5. The Supreme Court, in catena of judgments, has held that the delay in such matter is not fatal, if otherwise the prosecution case is plausible; after expiry of three months, there would be no medical evidence to support the allegation, but the victim, who is 9 years old child, has fully supported the prosecution case in his statement recorded under Section 164 CrPC.

6. Considering the aforesaid, I do not find it a case of bail.

7. Thus, this bail application is rejected at this stage.

[D.K.Singh,J.]

Order Date :- 18.1.2021

MVS/-