Sintu v. State of U.P.
Case brief
What is this about?
Criminal Judge allowed bail to applicant Sintu, charged under IPC, SC/ST Act, and POCSO Act. Application was allowed despite prosecution opposition based on past absconding, considering surrender facts.
What did the court decide?
Released on bail on personal bond with two sureties.
What the court decided
Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17950 of 2019 Applicant :- Sintu Opposite Party :- State Of U.P. Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application has been moved by the applicant who is involved in Case Crime No. 345 of 2015, under Sections 376 I.P.C. and Section 3 (2) (5) of SC/ST Act and Section 4 of POCSO Act, Police Station-Kaimganj, District-Farrukhabad.
Learned counsel for the applicant contended that applicant was released on bail vide order dated 03.11.2015 passed by Coordinate Bench of this Court in Criminal Misc. Bail Application No. 40093 of 2015. Applicant is labourer. He had gone Punjab for doing manual labour due to which he could not appear before the trial court. Applicant himself surrender before the trial court on 26.02.2019 since then applicant is languishing in jail. He further contended that applicant shall not misused his bail in future.
Learned A.G.A., has opposed the prayer for bail application and submitted that applicant has absconded. Accordingly, the bail is rejected.
Applicant has been enlarged on bail. He himself surrender before the trail court.
Issues for consideration
2 issues framed by the court
Whether the applicant is fit to be granted bail in charges under Sections 376 IPC, SC/ST Act, and POCSO Act.
Whether the applicant's absence and subsequent surrender justify granting bail.
Parties & counsel
- applicant
Sintu
Coram
Umesh Chandra Tripathi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/17950/2019
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