Sunil v. State of U.P.
Case brief
What is this about?
This bail application was dismissed after the court examined the evidence and the arguments presented by both the applicant and the State. The applicant sought release on bail from the Ujhani Police Station, alleging false implication. The court, considering the material on record along with a Supreme Court precedent, granted bail subject to specific conditions required by law.
What did the court decide?
Release of the applicant on bail by furnishing a personal bond and two sureties each of the like amount, subject to strict conditions regarding witness tampering, cooperation, and no new criminal acti
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47736 of 2019
Applicant :- Sunil Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Satsangi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Pankaj Satsangi, learned counsel for the applicant, Sri Sheetal Prasad Chakravorty, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Sunil with a prayer to release him on bail in Case Crime No. 11 of 2019, under Sections 363, 366, 368 I.P.C., Police Station- Ujhani, District- Budaun , during pendency of trial.
It is argued by the learned counsel for the applicant that as per the version of the F.I.R., daughter of the informant was taken away by the alleged accused persons in the evening at about 07:00 p.m. on 30.12.2018, after searching when she could not be found, present F.I.R. has been lodged. It has been further submitted that the applicant is the elder brother of Shekhar and has been falsely implicated in the present case. The statement of the victim has been recorded under Section 164 Cr.P.C in which she has stated that she had gone with Shekhar out of her own sweet will and has married him. As per the medical report, she is 20 year old girl. The victim has not stated anything serious against the applicant. The real fact is that the victim went along with Shekhar out of her own free will. There is no evidence that she ever protested or resisted the act of the applicant or made any complaint all this while. From bare perusal of the entire evidence on record, no offence is made out against the applicant. The applicant is languishing in jail since 23.02.2019. The applicant has no criminal history except in the present case. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail in the underlying criminal trial despite allegations of abduction and abduction of girl for forced marriage.
Parties & counsel
- applicant
Sunil
- respondent
State of U.P.
Coram
Manju Rani Chauhan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/47736/2019
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