Allowed

Sunny v. State of U.P. and Another

Allahabad HC3 Sept 2020BAIL/17532/2020

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant, Sunny, who was accused of enticement, abduction, and rape under various sections of IPC and POCSO Act. The court observed a joint petition regarding marriage and child birth, granting bail subject to a personal bond with two sureties and specific conditions.

What did the court decide?

Applicant released on bail by executing a personal bond and furnishing two sureties subject to specified conditions.

Sunny Vs State of U.P. and Another — Narcotics (NDPS) | Allahabad HC (2020)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17532 of 2020

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Applicant :- Sunny Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raja Sahani,Pulak Ganguly Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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

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By means of this application, the applicant who is involved in Case Crime No. 272 of 2018, under Sections 363, 366, 376, 506 I.P.C. and Section 3/4 Protection of Children from Sexual Offences (POCSO) Act, P.S. Chauri Chaura, district-Gorakhpur, is seeking enlargement on bail during the trial.

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The First Information Report of the incident was lodged by the complainant against four accused persons including applicant, alleging therein that on 16.6.2018 when her daughter was going to coaching classes all the accused persons have enticed her away.

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Learned counsel for the applicant submitted that as per medical opinion the prosecutrix is aged about eighteen years. Although the applicant was named in the first information report but the prosecutrix in her statement recorded under Section 164 Cr.P.C. (Annexure-5) has categorically stated that she has left her parental home on her own accord and gone with the applicant and solemnized marriage with him in a temple and they are having a female child of three months, copy of marriage certificate is filed as Annexure-4). He further submitted that applicant as well as the alleged victim have jointly approached this Court by way of Criminal Misc. Writ Petition No. 22170 of 2019, wherein this Court had passed an order for conducting the medical examination of the victim and recording her statement under Section 164 Cr.P.C. He lastly submitted that the applicant, who is in jail since 16.2.2020 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for

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the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Sunny be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 3.9.2020 Faridul

Sunny v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sunny v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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