In bail application No. 20751 of 2020, the court granted bail to Sugendra @ Shobhit, accused of offences under IPC 363 and 366. The court imposed standard bail conditions including appearance in court and cooperation with the trial.
Released on bail by furnishing a personal bond and two sureties subject to standard conditions.
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. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20751 of 2020
Applicant :- Sugendra @ Shobhit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Shukla,Diwanshu Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. In school record the date of birth of victim has been shown as 4.5.2004. At the time of alleged incident, the victim was above 16 years. The statements of victim recorded under sections 161 and 164 Cr.P.C. show that the victim herself left her house and visited Delhi with the applicant on her own sweet will. The victim in her statement has clearly stated that she wanted to solemnized her marriage with applicant but her parents were not agree due to which she and applicant went to Delhi. The victim had not made any allegation of rape against the applicant. The victim herself refused for medical examination. There is no criminal history of the applicant and is in jail since 10.3.2020.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Sugendra @ Shobhit involved in Case Crime No.107 of 2020, under Section 363, 366 IPC Police Station Tirwa District Kannauj be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 1.9.2020 Gss
1 issue framed by the court
Whether the applicant is eligible for release on bail given the allegations under IPC Sections 363 and 366.
4 provisions across 2 enactments
Sugendra @ Shobhit
State of U.P.
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
