Allowed

Sumit v. State of U.P and 3 Others

Allahabad HC13 Sept 2022BAIL/33815/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Sumit, accused of enticement and rape of a female. The Court noted the applicant's plea of innocence and willingness of the victim as per magistrate's statement, permitting bail with personal bond and two sureties.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties subject to standard conditions of not tampering with evidence or witnesses.

Sumit Vs State of U.P and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33815 of 2022

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Applicant :- Sumit Opposite Party :- State Of U.P And 3 Others Counsel for Applicant :- Ratish Kumar Singh,Jitendra Singh 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 and 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 enticing the daughter of the informant and committing rape with her. Further submitted that at the time of alleged incident, the victim was major aged about 18 years as per medical report and she was willing as per her statement made before the learned Magistrate recorded under Section 164 Cr.P.C. In this way, she was major and she went with the applicant voluntarily, therefore, no offence is made out against the applicant. There is no criminal history against him. He is languishing in jail since 12.11.2020 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 AGA opposed the prayer 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 the fact that the age of the 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 Sumit involved in Case Crime No. 222 of 2020, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, P.S. Janakpuri, District Saharanpur 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 :- 13.9.2022 Mini

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Digitally signed by MINI KANAUJIYA Date: 2022.09.14 15:58:47 IST Reason: Location: High Court of Judicature at Allahabad

Sumit v. State of U.P and 3 Others

Case brief

What is this about?

What did the court decide?

Sumit 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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