Allowed

Vishal Gupta v. State of U.P. and Another

Allahabad HC8 Sept 2021CRLA/383/2021

Case brief

AI extract

What is this about?

The single judge allowed the criminal appeal seeking to set aside the order rejecting the bail application of the appellant. After considering rival submissions and the case record, the court held that the appellant had made out a case for bail and released him on bail with personal bonds and sureties.

What did the court decide?

The impugned order rejecting bail is set aside and the accused-appellant is released on bail with bonds and sureties.

Vishal Gupta Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2021)

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Court No. - 50

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Case :- CRIMINAL APPEAL No. - 383 of 2021

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Appellant :- Vishal Gupta Respondent :- State Of U.P. And Another Counsel for Appellant :- Mamta Singh Counsel for Respondent :- G.A.,Atul Kumar Shahi

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard Mrs. Mamta Singh, learned counsel for the appellant, Mr. Atul Singh Shahi, learned counsel for the informant, learned A.G.A. for the State and perused the material available on record.

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This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 19.12.2020 passed by Special Judge, Exclusive Special Court, SC/ST (Prevention of Atrocities) Amendment Act, Gorakhpur, in Case Crime No.824 of 2020, under Sections 376, 504, 506 I.P.C. and 3(2)(5) SC/ST Act, P.S. Kotwali, District Gorakhpur.

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Contention, in brief, is that it is nothing but accepted consensuous relationship between the appellant and opposite party no.2-victim for the last ten years. Only allegation is that the appellant refused to marry the victim. No medical examination of the victim was conducted by the doctor. Even in the statement of the victim recorded under Section 164 Cr.P.C., factum of relationship is admitted to her. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 25.09.2020.

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Learned counsel for the informant has contented that right from very beginning physical exploitation was done by the appellant which is very much apparent from language of the first information report and the statement of the victim recorded under Section 164 Cr.P.C.

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Learned A.G.A. has adopted the contention of the learned counsel for the informant.

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I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant has been rejected, impugned herein this appeal.

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Nothing convincing has been argued on behalf of the complainant/State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.

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Thus, in view of the above and having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of accused, I am of the view that the appellant has made out a case for bail.

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Accordingly, this appeal is allowed and the impugned order dated 19.12.2020, rejecting the bail of the appellant is set aside.

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Let the accused-appellant Vishal Gupta involved in the aforesaid case crime number for the aforesaid offences be released on bail on his furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that appellant shall cooperate in the trial and will not jump the bail.

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Order Date :- 8.9.2021 rkg

Vishal Gupta v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Vishal Gupta v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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