Surendra v. State of U.P.
Case brief
What is this about?
Single-judge criminal bail application rejected praying for release on bail in a rape case under IPC and POCSO Act. Court held it is not a fit case for bail due to seriousness of offence and prosecution evidence.
What did the court decide?
Bail application dismissed; applicant remained in custody.
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. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6960 of 2021
Applicant :- Surendra Opposite Party :- State of U.P. Counsel for Applicant :- Shri Prakash Dwivedi,Ghan Shyam Singh,Satyendra Singh Counsel for Opposite Party :- G.A.,Birendra Pratap Singh
Hon'ble Deepak Verma,J.
Heard Sri Shriprakash Dwivedi, learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
This first bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 216 of 2020, registered under Sections 452, 376, 506 I.P.C. and Section 3/4 of POCSO Act, 2012, Police Station Adalhat, District Mirzapur during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to prior enmity regarding land, the same is evident from annexure 9 of supplementary affidavit. It is argued that in the year 1996, applicant's grand father had lodged FIR against the informant, in retaliation, the present FIR has been lodged against the applicant. The FIR has been lodged after inordinate delay of one month from the date of alleged incident and there is no plausible explanation of the same, hence, its create suspicion in the prosecution story. No evidence of rape from the medical examination report. The applicant has been intentionally dragged in the present case. There is no independent witness to support the prosecution case. The applicant is languishing in jail since 24.12.2020 having no previous criminal antecedents. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Issues for consideration
2 issues framed by the court
Whether the applicant, charged with rape under Section 376 IPC and POCSO Act, is eligible for bail.
Whether the grave nature of the offence and availability of prosecution evidence preclude bail.
Parties & counsel
- applicant
Surendra
Coram
Deepak Verma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/6960/2021
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