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One of the witnesses presented a video recording of the crime which he had received on WhatsApp
The Allahabad High Court recently rejected bail for a man accused of engaging in unnatural sexual acts with cows in a cowshed. A video of the incident went viral through WhatsApp.
The bench of Justice Piyush Agrawal noted that the video evidence and the Chief Veterinary Officer's medical report corroborated the alleged acts. Since the defense could not present any new grounds, court deemed the accused's second bail application devoid of merit.
The order was passed in a plea filed by accused Harikishan, who sought for the second time bail in a case registered under Sections 377 IPC at Hapur Nagar Police Station, District Hapur.
The counsel representing Harikishan claimed that he was innocent and had been wrongfully accused. The counsel alleged that the informant, in conjunction with his supporters, filed the FIR with a two-day delay to damage the reputation of the current Gram Pradhan, given that Harikishan was Gram Pradhan's family member.
The counsel also argued that during the first bail hearing, no witnesses had been examined, but now four witnesses had been examined who did not support the prosecution and were declared hostile.
Additionally, Harikishan's counsel pointed out that the name and contact details of the video creator were not included in the initial report or witness statements.
He pleaded for Harikishan's bail stating that there was no risk of Harikishan fleeing or misusing bail if released, especially since he had been jailed since June 20, 2023, with the trial's completion still distant.
On the other hand, the Government Advocate opposed the plea, stating that a video received via WhatsApp on one of the witnesses' phone clearly showed Harikishan committing the alleged acts with the cows.
Therefore, considering the facts of the matter, court rejected the bail application.
Case Title: Harikishan v. State of UP
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