A two-judge bench of Justice S. Abdul Nazeer and Justice Krishna Murari was hearing the anticipatory bail plea of Dilip Kumar Gupta, who is accused of penetrative sexual assault of ‘X’ child , has dismissed the anticipatory bail ordered to surrender before trial court and apply for regular bail.
Gupta has filed this after the same plea was dismissed by the Allahabad court.
Allahabad High Court while dismissing the anticipatory bail had observed that only on those grounds, anticipatory bail can be granted where there are materials on record available to prove that the charges filed by the prosecution are highly doubtful.
Also the nature and gravity of the offence and the role of the accused has also to be considered.(Anticipatory bail was filed under section 483 of CrPc.)
An FIR under section 342, 506, 376- D IPC and under section ¾ POCSO act was lodged against Gupta.
However, in the second statement of child ‘X’ recorded under section 164 of CRPC, she admitted that she had run away with one Arvind, out of her free will, got married and one child is born out of wedlock.
Lawcutor 