Aman Kumar v. State of U.P.
Case brief
What is this about?
Aman Kumar v. State of U.P., High Court of Judicature at Allahabad, CRIMINAL MISC. BAIL APPLICATION No. 46729 of 2021, decided 10.2.2022 by Samit Gopal, J. Bail under Section 439 Cr.P.C. granted in Case Crime No. 176 of 2021 under Sections 376 I.P.C. (rape), P.S. Nawabganj, District Kanpur Nagar. Court accepted prosecutrix was major (age 24 per Section 164 Cr.P.C. statement), relationship since 2014 was above 18 years, consensual on promise/understanding of marriage later refused. Bail conditions: no tampering, no harassment of victim, attendance, no adjournments when witnesses present, presence under Section 313 Cr.P.C., consequences under section 82 Cr.P.C., section 174-A I.P.C. and Section 229-A IPC. No criminal history stated; applicant in jail since 29.8.2021.
What did the court decide?
Bail granted to applicant Aman Kumar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: no tampering with prosecution evidence or harassment of the victim/complainant; abiding by court orders and attending every date; undertaking not to seek adjournments when witnesses are present; no misuse of bail liberty (failing which proceedings under section 82 Cr.P.C. and section 174-A I.P.C. may follow); personal presence before the trial court at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.; trial court to endeavour to conclude the trial expeditiously.