Allowed

Vikas Kumar v. State of U.P. and 3 Others

Allahabad HC18 Aug 2022BAIL/16160/2022

Case brief

AI extract

What is this about?

In a bail application under Sections 376 IPC, 354 IPC, and POCSO Act, the learned counsel submitted false implication and no medical injury as grounds. Unexpressing opinion on merits, the Court allowed bail, imposing standard conditions against tampering and intimidation.

What did the court decide?

Released on bail upon furnishing a personal bond and two sureties, subject to conditions against tampering evidence or intimidating witnesses.

Vikas Kumar Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2022)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16160 of 2022

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Applicant :- Vikas Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Indra Prakash Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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Learned counsel for the applicant has submitted that he is innocent and has falsely been implicated in the present case for molesting the victim who was niece of the informant. Further submitted that at the time of the alleged incident, the victim was aged about 18 years and there was love affair between the victim and this applicant. When this fact came into the knowledge of the members of the family of victim, they lodged this false F.I.R with vague allegation. During investigation improvement in the statement of the victim was made and section 376 I.P.C was also added.It is also submitted that as per the statement of the victim when this applicant took her in the field of sugarcane, the inmates of the victim including informant came there and caught the applicant with the victim. In this way, the fact about rape came into the knowledge of the informant and the members of his family, even though this was not mentioned in the F.I.R. It is also pointed out that the allegation of rape is false and is not supported by the medical report. No any internal or external injury was found on the person of the victim during medical examination. No any other evidence on record to substantiate the allegation of rape by this applicant with the victim. He is languishing in jail since 5.12.2021 as having no any criminal antecedent and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned AGA opposed the prayer for bail and urged that the applicant has committed the alleged offence, hence he is not entitled for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application

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is allowed.

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Let the applicant- Vikas Kumar, involved in SST No.25 of 2022 arising out of Case Crime No. 487 of 2021, under Sections 323, 354, 506, 325, 376 I.P.C and section 3/4 POCSO Act, P.S. Mandi Dhanaura, District Amroha be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 18.8.2022

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G.S

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Digitally signed by GHAN SHYAM Date: 2022.08.23 13:50:50 IST Reason: Location: High Court of Judicature at Allahabad

Vikas Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Vikas Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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