Allowed

Shivkandhai @ Bhukuri v. State of U.P.

Allahabad HC18 Feb 2022BAIL/5862/2022

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application where the High Court allowed the bail of the applicant accused of rape and assault under IPC Sections 376, 354, 506, and 504, considering merit in submissions regarding false implication, delay in FIR, and jail overcrowding during the pandemic.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties each, subject to conditions not to tamper with evidence or influence witnesses.

Shivkandhai @ Bhukuri Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5862 of 2022

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Applicant :- Shivkandhai @ Bhukuri Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar,Shyam Sunder Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Shyam Sunder Mishra, learned counsel for the applicant and learned AGA for the State.

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A first information report was lodged against the applicant as Case Crime No. 190 of 2021 at Police Station- Pahadi, District Chitrakoot U.P. under Sections 504, 506, 354, 376 IPC.

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The bail application of the applicant was rejected by learned Sessions Judge, Chitrakoot, on 19.01.2022.

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The applicant is in jail since 22.12.2021, pursuant to the said F.I.R.

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Sri Shyam Sunder Mishra, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The delay of two days in lodgement of the FIR is fatal to the prosecution case. The victim is a married lady about forty years of age. The victim was a riding pillion on the motor cycle being driven by the applicant. They passed through various public places. The victim never resisted the applicant nor did she raised any alarm. The medical report does not corroborate rape or forceful assault. The victim was a consenting party. The applicant has been nominated to deflect the attention from the

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conduct of the victim. Apart from the instant case the applicant does not have any criminal history. Lastly it is submitted by learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Sri Anupam Anand, learned brief holder for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned brief holder for the State does not contest that the applicant does not has any criminal history as disclosed in the bail application.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India) . These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Shivkandhai @ Bhukuri be released

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on bail in Case Crime No. 190 of 2021 at Police Station- Pahadi, District Chitrakoot U.P. under Sections 376, 354, 506, 504 IPC, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 18.2.2022 Pravin

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Digitally signed by PRAVIN VERMA Date: 2022.02.21 16:05:58 IST Reason: Location: High Court of Judicature at Allahabad

Shivkandhai @ Bhukuri v. State of U.P.

Case brief

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Shivkandhai @ Bhukuri v. State of U.P.

Case brief

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