Sonu v. State of U.P.
Case brief
What is this about?
Input application by a rape charge accused who alleged counter-blast motive. Court, noting an FIR filed by applicant against victim's husband and lack of prior opinion on merits, allowed bail with conditions.
What did the court decide?
Applicant released on bail with personal bond and two heavy sureties subject to conditions against tampering and intimidation.
What the court decided
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27499 of 2022
Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Chandrajeet Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
It is submitted that in this case applicant has been falsely implicated for committing rape with the victim against her will who is a married lady. Further submitted that this F.I.R. was lodged by informant against the applicant in counter-blast to the F.I.R. which was lodged by this applicant against the husband of the informant on 15.05.2022 as Case Crime No.167 of 2022, u/s 323, 365, 427 I.P.C. & Section 3(2)(va) S.C./S.T. Act. Further submitted that in the F.I.R. it has been stated by the informant that applicant met her one year prior to the present incident at the house of her cousin sister, thereafter, he established physical relations with her several times under the threat of making viral the video prepared by him. In case the allegation made in the F.I.R. is taken to be true even then it infers that she was consenting party. In this way, no case against this applicant is made out. There is no criminal antecedent against the applicant and he is in jail since 24.05.2022, therefore, requested for bail. In case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail.
Issues for consideration
1 issue framed by the court
Whether the applicant made out a case for bail in a rape matter where an FIR was lodged as counter-blast.
Parties & counsel
- applicant
Sonu
- respondent
State of U.P.
Coram
Subhash Chandra Sharma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/27499/2022
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