The Court granted bail to the applicant, Deepak Kumar, involved in a rape case (Section 376 IPC), directing him to execute a personal bond and furnish two sureties subject to standard conditions.
Released on bail on personal bond and two sureties subject to conditions of attendance and not tampering with witnesses.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21294 of 2020
Applicant :- Deepak Kumar @ Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Vijendra Kumar Mishra,Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 45 of 2020, under Sections 376, 406 I.P.C., P.S. Sahjanwa, District - Gorakhpur and is in jail since 24.02.2020, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the FIR of this incident was lodged on 15.01.2020 by the victim herself stating therein that on 13.07.2015 the maternal-grandfather of the victim settled the marriage of the victim with the accusedapplicant, Deepak Kumar @ Sonu. It is further stated in the FIR that the accused-applicant, on the pretext to marry her, has committed rape on her on so many occasions; further the accused-applicant has taken Rs.2,00,000/-, for the purpose of opening a Computer Shop.
Learned counsel submitted that the applicant has made sexual intercourse with her own sweet will. Learned counsel for the applicant further submits that the applicant is quite innocent and has been falsely implicated in the present case. The prosecutrix in her statements recorded under Sections 161 and 164 Cr.P.C. has reiterated the version as stated in the FIR. The applicant is languishing in jail since 24.02.2020.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for 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.
Let the applicant, Deepak Kumar @ Sonu , 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:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
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.
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.
Order Date :- 1.9.2020 Prajapati
1 issue framed by the court
Whether the applicant is entitled to bail during the pendency of trial for an offence involving rape?
Deepak Kumar @ Sonu
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
