Sunil Kumar v. State of U.P.
Case brief
What is this about?
Court granted bail to Sunil Kumar in a criminal case involving alleged false implication and matrimonial dispute charges, directing trial conclusion within eight months.
What did the court decide?
Released on bail with personal bond and two sureties subject to conditions including attendance and non-tampering.
What the court decided
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22483 of 2018
Applicant :- Sunil Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Raj Bahadur Verma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed by learned A.G.A. today in the Court is taken on record.
Heard Sri Raj Bahadur Verma, learned counsel for the applicant and Sri Durgesh Dubey, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant is the husband of the victim. It is further submitted that no such incident as alleged has taken place. It is further submitted that the medical report does not corroborates the prosecution and no offence under Section 307 I.P.C. is made out against the applicant. 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 has 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. It has also been submitted that the applicant is languishing in jail since 3.5.2018. It has been pointed out that the applicant has no criminal history.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be released on bail being falsely implicated in the case.
Whether the applicant satisfies the requirements of bail under the reformative theory of punishment.
Parties & counsel
- applicant
Sunil Kumar
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/22483/2018
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