Allowed

Shanker v. State of U.P.

Allahabad HC5 Sept 2018BAIL/16552/2018

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant Shanker in a criminal case involving offences under IPC and POCSO Act. The court allowed bail based on the applicant's claim of a mistake filed by the victim due to parental pressure, subject to standard bail conditions.

What did the court decide?

The applicant Shanker is released on bail subject to furnishing a personal bond and two sureties with undertaking not to tamper with evidence or intimidate witnesses.

Shanker Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 52

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16552 of 2018

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Applicant :- Shanker Opposite Party :- State Of U.P. Counsel for Applicant :- Shyam Shankar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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The present bail application has been filed by the applicant in Case Crime No. 1725 of 2017, u/s 363, 366, 376-D, 328 IPC and 3/4 POCSO Act, P.S. Vijay Nagar, District Ghaziabad with the prayer for enlarging him on bail.

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It is submitted by learned counsel for the applicant that the victim is a major girl and she has disclosed her age to be 19 years before the I.O. It is argued that she was having love affair with the applicant and in the statement u/s 161 Cr.P.C. she has stated that on 16.10.2017 she had solemnized court marriage with the applicant and had lived as husband and wife for three months and physical relations were also established with her consent. Learned counsel states that subsequently under the pressure of her father she has levelled allegation of rape against the applicant and co-accused Gaurav. It is contended that the co-accused Gaurav has been granted bail by this Court in Bail Application no. 30537 of 2018.

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Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.

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In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.

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Let the applicant Shanker involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii)The applicant will appear before the trial court on the date fixed.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 5.9.2018

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Dhirendra/

Shanker v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shanker v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

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