Allowed

Sobit v. State of U.P. and 3 Others

Allahabad HC14 Sept 2022BAIL/34221/2022

Case brief

AI extract

What is this about?

This bail application was allowed. The applicant was falsely implicated based on victims' statements recorded under Section 161 Cr.P.C. The court noted the victim did not name the applicant or establish physical relations in her Section 164 Cr.P.C. statement. Bail granted with conditions.

What did the court decide?

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

Sobit Vs State of U.P. and 3 Others — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34221 of 2022

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Applicant :- Sobit Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rahul Kumar Sharma 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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It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case by the police on the basis of statement of the victim recorded under Section 161 Cr.P.C. Applicant was not named in the F.I.R. during investigation, the name of this applicant was brought into light. The victim was aged about 17 years at the time of alleged incident and in her statement recorded under Section 164 Cr.P.C. neither she has named this applicant nor made any statement regarding enticement by this applicant or establishing physical relation with her but she disclosed that she went to the house of her Bua to Delhi and stayed there. No one has enticed her. In this way, no offence is made out against this applicant. He is languishing in jail since 14.11.2021, 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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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, the statement of the victim recorded u/s 164 Cr.P.C. 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 Sobit involved in Case Crime No. 681 of 2021, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, P.S. Delhi Gate, District Aligarh 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 :- 14.9.2022 A. Singh

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Digitally signed by ANURAG SINGH Date: 2022.09.16 15:52:02 IST Reason: Location: High Court of Judicature at Allahabad

Sobit v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Sobit 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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