Allowed

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

Allahabad HC23 Nov 2022BAIL/27181/2022

Case brief

AI extract

What is this about?

In a criminal bail application, the High Court granted bail to the applicant after observing the lack of material evidence against him, unexplained delay in FIR registration, and retraction of serious charges by the investigation officer. The court imposed standard bail conditions.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two sureties, subject to conditions regarding tampering with evidence, influencing witnesses, and appearing before the trial court.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27181 of 2022

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Applicant :- Ankit Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manvendra Singh,Manoj Kumar Singh Counsel for Opposite Party :- G.A

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Manoj Kumar Singh, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate and perused the record.

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2.By means of an order dated 07.07.2022, the office has reported that the notice has been served but no one has put in appearance on behalf of the informant to oppose the prayer for grant of bail.

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3.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 133 of 2022, under Sections 354D, 305, 506 IPC, Police Station Jafarganj, District Fatehpur.

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4.The aforesaid case has been registered on the basis of an FIR lodged on 06.12.2021 alleging that on 01.12.2021, when the informant's daughter aged about 14 years had gone to the fields, the applicant raped her and threatened to kill her, if she would tell about the incident to any person. The FIR states that the informant had gone to house of her parents on 02.12.2021, her daughter told her about the incident on phone and on the same day, she committed suicide.

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5.The postmortem examination of the body of the deceased daughter of the informant does not support the FIR allegations and during investigation, the Investigating Officer has expunged Sectins 376 (3) IPC and 3/4 Protection of Children from Sexual Offences Act.

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6.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 12.12.2021. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that

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the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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7.Besides the statement of the informant, there is no material available on record against the applicant. The incident is alleged to have occurred on 01.12.2021 and the informant claims that her daughter had told her about the incident on 02.12.2021 and she committed suicide on 02.12.2021, yet the FIR has been lodged on 06.12.2021 and there is no explanation for the delay.

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8.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail, but he could not dispute the aforesaid aspects of the matter.

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9.Keeping in view the aforesaid facts coupled with the fact that the applicant has no criminal history and he is in jail since 12.12.2021, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.

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10.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .

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11.Let the applicant Ankit Kumar be released on bail in Case Crime No. 133 of 2022, under Sections 354D, 305, 506 IPC, Police Station Jafarganj, District Fatehpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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

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(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

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

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Order Date :- 23.11.2022 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.11.29 18:14:23 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

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