Sanoj v. State of U.P.
Case brief
What is this about?
Court rejected bail application for applicant accused of rape, abduction, and abetment of suicide of a SC woman, finding he lacks sympathy and trial must conclude promptly.
What did the court decide?
Bail application rejected. Trial court directed to conclude trial within 1.5 years.
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. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8100 of 2019
Applicant :- Sanoj Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav,Onkar Singh,Rohit Sharan Tomar Counsel for Opposite Party :- G.A., ,Vikas Sharma,Chandra Bhan Pandey,Umesh Kumar
Hon'ble Rahul Chaturvedi,J.
Heard Sri Rohit Sharan Tomar, learned counsel for the applicant, Sri Vikas Sharma, learned counsel for the complainant, learned A.G.A. for the State.
By means of this application, the applicant who is involved in case crime no.861 of 2018, under Section 376, 306 IPC and Section 3(2)(V) of SC/ST Act, Police Station-Shamli, District-Shamli is seeking enlargement on bail during the trial.
Contention raised by learned counsel for the applicant is that initially the FIR was got registered by one Sohan Das under section 376D, 302, 201 IPC and Section 3/4 of POCSO Act and Section 3(2)(V) of SC/ST Act, but after investigation, the police has converted the case dropping all sections of IPC as in the FIR and submitted the charge sheet only under section 376 and 306 IPC and Section 3(2)(V) of SC/ST Act. From the FIR, it is clear that the applicant is named accused person along with one Jaiveer and Sonu. As the text of the FIR, the informant belongs to scheduled cast community, who went to attend some tehravi keeping behind her children. The victim Miss 'X', aged about 17 years, was forcibly taken away by the named accused persons from her residence and thereafter, they killed her and hanged her on a ceiling fan. The entire incident was witnessed by victim's younger sister Sakshi who has informed that applicant was carrying some tamancha and extending threats. He has kidnapped the victim. The post mortem report reveals that the deceased was having a ligature mark around her neck and the cause of death is asphyxia as a result of ante mortem hanging. The F.S.L. report indicates that the human semen was found on the undergarments of the victim indicating that she was sexually assaulted.
Issues for consideration
2 issues framed by the court
Whether the applicant deserves bail during the trial in a case involving rape, abetment of suicide, and atrocities under the SC/ST Act.
Whether the evidence and circumstances indicate the applicant's culpability in the death of the victim and thus deny bail.
Parties & counsel
- applicant
Sanoj
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/8100/2019
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