Allowed

Abhishek Alias Gullu v. State of U.P.

Allahabad HC2 Nov 2022BAIL/44455/2022

Case brief

AI extract

What is this about?

In a bail application filed regarding a rape charge under Sections 376 and 506 IPC, the applicant claimed the victim was consenting and the FIR was delayed. The court found it a fit case for bail, granting release on personal bond and sureties with specific conditions regarding trial attendance and conduct.

What did the court decide?

Release on bail on personal bond and two sureties subject to strict conditions regarding attendance and conduct during trial.

Abhishek Alias Gullu Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44455 of 2022

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Applicant :- Abhishek Alias Gullu Opposite Party :- State of U.P. Counsel for Applicant :- Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No. 56 of 2022, under Sections 376, 506 IPC, Police Station Shikarpur, District Bulandshahr.

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In brief the prosecution story is that the applicant and the victim had met five years ago in village Chhipiyana and the applicant started meeting the victim at her house at Noida and stated that he would solemnize his marriage with the victim and he started to visit house of the victim. It is further alleged that the applicant had declined to solemnize his marriage with the victim and on 20.12.2021 he came to house of the victim and committed rape on her.

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Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. The FIR of the alleged incident has been lodged with the delay of two days. There is no explanation of this delay in lodging the FIR. As per High School certificate the age of the victim is about 24 years. It is further submitted that in her statements recorded under sections 161 and 164 Cr.P.C. the victim has stated that she used to come at the house of the applicant and he has promised to marriage with her. In fact at the time of the alleged incident the victim was major and a consenting party. The victim has refused for her medical examination. False allegation has been made against the applicant. The applicant has not committed the alleged offence. No offence is made out against the applicant. He has further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail. There is no criminal history of the applicant. The applicant is in jail since 3.8.2022.

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On the other hand, learned A.G.A. opposes the application for bail.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

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Let the applicant Abhishek Alias Gullu, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties

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each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.

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(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 2.11.2022

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Digitally signed by AFAQ AHMAD Date: 2022.11.02 15:57:42 IST Reason: Location: High Court of Judicature at Allahabad

Abhishek Alias Gullu v. State of U.P.

Case brief

What is this about?

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Abhishek Alias Gullu v. State of U.P.

Case brief

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