Allowed

Sunil and Another v. State of U.P.

Allahabad HC14 Dec 2020BAIL/43885/2020

Case brief

AI extract

What is this about?

This is a bail application filed by Sunil and Abhishek in connection with an alleged rape case. The applicants submitted that a co-accused has already been granted bail by this Court, arguing for parity. The High Court, noting no objection on parity by the prosecution and the existence of bail for a co-accused although without expressing an opinion on merits, allowed the application as a fit case

What did the court decide?

Applicants Sunil and Abhishek were released on bail on executing a personal bond and furnishing two sureties each, subject to conditions regarding evidence tampering, witness harassment, and appearanc

Sunil and Another Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43885 of 2020

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Applicant :- Sunil And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicants and the learned A.G.A.

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This is a bail application on behalf of the applicants Sunil and Abhishek in connection with Case Crime No.358 of 2019, under Sections 376-D, 506, 452 I.P.C., Police Station Chiluwatal, district Gorakhpur.

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The first information report of this incident was lodged by the victim herself against three named persons including the applicant. The first information report was lodged by the complainant in pursuance of an application moved under Section 156 (3) Cr.P.C. It was alleged in the application that the named accused persons had committed rape with her.

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The submission of learned counsel for the applicants is that the applicants are quite innocent and have been falsely implicated in the present case with the ulterior motive. He submitted that the coaccused Jagdish has been admitted to the concession of bail by another Bench of this Court by order dated 14.01.2020 passed in Criminal Misc. Bail Application No.2035 of 2020 and the role assigned to the applicant is similar to the role of the other coaccused, who has already been enlarged on bail. He claims parity. He submitted that the applicant is languishing in jail since 19.09.2020 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and also the fact that the co-accused Jagdish has been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicants Sunil and Abhishek involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicants shall not tamper with the prosecution evidence.

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ii) The applicants shall not threaten or harass the prosecution

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witnesses;

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iii) The applicants shall appear on the date fixed by the trial court; iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission; v) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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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 :- 14.12.2020

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R./

Sunil and Another v. State of U.P.

Case brief

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Sunil and Another v. State of U.P.

Case brief

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