Allowed

Kaptan Sharma v. State of U.P.

Allahabad HC1 Aug 2022BAIL/26899/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Kaptan Sharma, who was accused of enticement, kidnapping, and intimidation related to a registered marriage. The court was satisfied that the bail applicant had not misused liberty and granted bail subject to conditions.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each in like amount to the satisfaction of the court.

Kaptan Sharma Vs State of U.P. — Quashing and FIR | Allahabad HC (2022)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26899 of 2022

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Applicant :- Kaptan Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava 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 the applicant is innocent and has falsely been implicated in the present case. Initially the F.I.R was lodged against this applicant including his two brothers for making enticement of daughter of informant. Further submits that the victim was major at the time of alleged incident. Her date of birth was 14.7.2003. She was in love affair with the present applicant and also entered into marriage which was got registered on 9.3.2022 before the Registrar of Marriage. Afterwards, the victim was taken away by her parents and under their pressure she made statement against this applicant under section 164 Cr.P.C. In this way the victim, being in love affair with this applicant also entered into marriage which was got registered before the Registrar of Marriage, implies her consent for marriage and the implication of this applicant is false and frivolous. He is languishing in jail since 16.3.2022 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, age of victim and her willingness 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- Kaptan Sharma, involved in Case Crime No.0046 of 2022, under Sections 323, 366, 376, 506,342 I.P.C, P.S. Suriyawan, District Bhadohi be released on bail on furnishing a personal bond and two

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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 :- 1.8.2022 G.S

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Digitally signed by GHAN SHYAM Date: 2022.08.04 17:48:17 IST Reason: Location: High Court of Judicature at Allahabad

Kaptan Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kaptan Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

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