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– Photo: Amar Ujala
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Allahabad High Court, while hearing a case, has accepted the anticipatory bail application of an accused of rape and POCSO. Also said that the trial court will try to complete the hearing of the case in six months as per law. This order was given by the court of Justice Shekhar Kumar Yadav while hearing the anticipatory bail application of applicant Krishna.
A case of rape of a minor and POCSO was registered in 2023 against the accused Krishna, a resident of Kuthundh, Jalaun. The accused appealed to the High Court for anticipatory bail. Additional Government Advocate objected and said that under sub-section (4) of Section 438 of CrPC, the application for pre-arrest bail of any person accused of committing a crime under sub-section (3) of Section 376 of IPC cannot be considered. Is.
At the same time, the applicant’s lawyer said in reply that a new section 438 CrPC has been inserted by making a specific amendment in 2019. Under this, pre-arrest bail application can be filed for the crime committed under Section 376(3) of IPC. Said that the statement of the victim was recorded under sections 161 and 164. Along with this, after examining the medical report, the incident was found to be untrue. Therefore, no offense under Section 376(3) is made out against the applicant. The court accepted the conditional bail application after hearing the arguments of both the parties and observing the facts.
