Allowed

Sunil v. State of U.P.

Allahabad HC31 May 2018BAIL/20757/2018

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 20757 of 2018, the Single Judge allowed the bail application of the applicant accused of offences u/ss. 363, 376 IPC and POCSO Act, observing that a prima facie case for bail was made out and releasing him on bond and sureties with conditions.

What did the court decide?

Release of applicant on personal bond and two sureties in like amount subject to conditions of not tampering with evidence and personal appearance.

Sunil Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2018)

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Court No. - 48

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20757 of 2018

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Applicant :- Sunil Opposite Party :- State Of U.P. Counsel for Applicant :- Ankit Srivastava,Shekhar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Karuna Nand Bajpayee,J.

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Heard learned counsel for the applicant and learned A.G.A.

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Perused the record.

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Counsel has drawn the attention of the Court to the report of C.M.O., Hapur regarding the age of the victim which is reported to be about 19 years. Submission is that the victim was fully grown up major girl at the time of incident. Attention was also drawn to the statement under Section 164 Cr.P.C. given by the victim before the Magistrate in which she admitted to have gone along with the applicant on her own volition wilfully and she gave a complete denial to any kind of coercion on the part of the applicant in taking her away and contracted marriage with the applicant in a temple. She also admitted to have lived with the applicant as husband and wife for about three months. Submission is that in view of the statement of the girl, at least a prima facie case for bail in favour of the applicant is made out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 29.3.2018 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

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Learned A.G.A. opposed the prayer for bail.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Sunil, involved in Case Crime No.1387 of 2017, u/ss. 363, 376 I.P.C. & 3/4 POCSO Act, P.S.- Hapur Nagar, District- Hapur, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-

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(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.

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(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.

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It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 31.5.2018 Naresh

Sunil v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sunil v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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