Allowed

Santosh v. State of U.P. and 2 Others

Allahabad HC25 Jun 2021BAIL/7649/2021

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 7649 of 2021, the Hon'ble Court released the applicant Santosh on bail during the pendency of the trial. The court directed the filing of a personal bond and two sureties along with adherence to specific conditions, without expressing an opinion on the merits of the case.

What did the court decide?

The applicant Santosh was released on bail on executing a personal bond and furnishing two sureties subject to specific conduct conditions.

Santosh Vs State of U.P. and 2 Others — Bail and Remand | Allahabad HC (2021)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7649 of 2021

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Applicant :- Santosh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.,Ram Chandra Uttam

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant through video conferencing, 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. 142 of 2020, under Sections 376, 506 I.P.C. and Section 3/4 Protection of Children from Sexual Offences (POCSO) Act, P.S. Kotwali, districtFatehpur, is seeking enlargement on bail during the trial.

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The first information report was lodged by the victim herself against the present accused and the other co-accused Anoop, alleging therein that on 7.2.2020 when she was going to her maternal uncle's home at Kusumbi along with her mother and sister Pinki, at about 6:30 p.m. when they reached at Radhanagar her mother gone for purchasing and at that time the present accused along with co-accused Anoop reached there and told that they are known to her maternal uncle and they will drop her at his house but they carried her away toward forest, where they committed rape with her. It was also alleged in the FIR that both the accused persons threatened her to kill, if she narrates the story to anyone.

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After lodging of the report, the police investigated the matter and the first Investigating Officer after inspecting the place of occurrence and recording the statement of the alleged victim and independent witnesses submitted final report, which is annexed as Annexure-14 to the affidavit accompanying the bail application. Later on the matter was again investigated and after completion of investigation, the applicant was charge sheeted, while other co-ccused Anoop was exonerated by the by the police.

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Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case as a counter blast to the FIR, lodged by the family member of the applicant against the complainant's family, regarding murder of his sister. Further submission is

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that the medical report of the victim does not corroborate the allegation of rape. No marks of violence or injury were found on her body by the doctor who had examined her. Her hymen was found torn and healed. He lastly submitted that the applicant, who is in jail since 3.10.2020 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 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, Santosh 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

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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 :- 25.6.2021 Faridul

Santosh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Santosh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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