Allowed

Ashutosh Patel v. State of U.P.

Allahabad HC7 Dec 2022BAIL/54084/2022

Case brief

AI extract

What is this about?

In a bail application regarding charges of rape and abduction, the High Court held it to be a fit case for bail. The applicant was released on a personal bond and one surety with stringent conditions, including strict attendance and efforts to conclude the trial within one year.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties subject to strict conditions regarding attendance and trial conduct.

Ashutosh Patel Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 76

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54084 of 2022

¶3

Applicant :- Ashutosh Patel Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Shekhar Kumar Yadav,J.

¶5

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

¶6

The applicant seeks bail in Case Crime No. 0144 of 2022, under Sections 376, 328, 366 IPC, P.S. Ramnagar, District Varanasi.

¶7

As per allegations of the prosecution, marriage of prosecutrix was solemnized with one Avinash Singh on 23.05.2017 and out of the said wedlock one son was also born. It is alleged that in December, 2020, prosecutrix came to his maika and came in contact with applicant and developed love and affection with him and out of the said love and affection applicant is said to have made physical relations and also made video in mobile and thereafter on that pretext, victim was blackmailed several times by the applicant. It is further alleged that again in December, 2021, the applicant made physical relation with the victim.

¶8

It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the prosecutrix is major, and she knew her consequences very well. It is further submitted that incident took place on December, 2020 and 7.5.2022 whereas the FIR was lodged on 7.8.2022. Applicant is a student aged about 18 year whereas the victim is major and married lady. There is no internal or external injury on the person of the injured and there is no definite opinion of rape. The applicant is in jail since 05.09.2022 and has no criminal history. Chargesheet has been filed and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.

¶9

Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant.

¶10

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. However, any observation made herein-above, will not affect the trial of the case.

¶11

Let the applicant- Ashutosh Patel, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties 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.

¶12

(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

¶13

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.

¶14

(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.

¶15

(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.

¶16

(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.

¶17

(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.

¶18

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

¶19

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.

¶20

Order Date :- 7.12.2022 RavindraKSingh

¶21

Digitally signed by RAVINDRA KUMAR SINGH Date: 2022.12.07 16:28:55 IST Reason: Location: High Court of Judicature at Allahabad

Ashutosh Patel v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashutosh Patel v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ignitious Wilson @ Batu Vs State of Up

Soyeb and Another Vs State of U.P.

Suraj Rajbhar Vs State of U.P and 3 Others

Abdul Quadir Vs State of U.P. and Another

Noor Ahmad Vs State of U.P. and 3 Others

Jabreel Vs State of U.P. and 3 Others