Allowed

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

Allahabad HC8 Aug 2022BAIL/19435/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Applications 19435 and 25932 of 2022, the Allahabad High Court granted bail to Sunil Kumar in separate rape and assault cases. The court relied on medical reports, age of victim, FIR delay, and lack of criminal history, issuing standard bail conditions.

What did the court decide?

Released on bail furnishing a personal bond and two sureties each in like amount subject to five conditions including appearance in trial and non-interference.

Sunil 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. - 19435 of 2022

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Applicant :- Sunil Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Krishna Murari Tripathi Counsel for Opposite Party :- G.A.,Bijai Nath Yadav,Prem Prakash Yadav

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with

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25932 of 2022

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Applicant :- Sunil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Murari Tripathi 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 counsel for complainant as well as learned A.G.A for the State and perused the record.

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It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case for making assault and committing rape with the victim. In this case, occurrence is said to have taken place on 30.1.2022 and F.I.R. was lodged on 3.2.2022 after delay of three days after deliberation and concoction. Allegedly applicant assaulted and committed rape with the victim on 30.1.2022 at about 11 am in the forest where she went out for grazing goat. Further submitted that the victim was taken to the hospital on the same day where she was provided treatment for facial trauma for a period of three days. No any allegation of rape before the doctor and even no any injury was found on her private part. In C.T. Scan also no any injury or any sign of sexual assault was found on her person. In pathological report, no sperm was found. The age of the victim was also to be 17-18 years. In this way, the statement made by the victim regarding rape gets no corroboration with both the medical reports. There is no criminal history against him. He is languishing in jail since 5.2.2022 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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Learned counsel for complainant as well as learned AGA opposed the prayer for bail and urged that in this case, victim was assaulted by the applicant and committed rape with her. In this regard, the statement of victim was recorded under Section 161 & 164 Cr.P.C. before the Investigating Officer and Magistrate. The allegation of the victim is sufficient for charge of rape, though no any injury was found on her private part, therefore, 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, age of the victim and delay in lodging the F.I.R, medical reports 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 is allowed.

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Let the applicant Sunil Kumar involved in Case Crime No. 15 of 2022, under Sections 323, 376, 308 I.P.C. and Section 3/4 POCSO Act, P.S. Bijpur, District Sonbhadra 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 :- 8.8.2022 A. Singh

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Digitally signed by ANURAG SINGH Date: 2022.08.11 13:50:32 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

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

Case brief

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