Sonu v. State of U.P.
Case brief
What is this about?
The High Court granted bail to the applicant in a rape case, citing the delayed FIR, implable allegations, and evidence suggesting a consensual relationship. Conditions were imposed to prevent tampering and ensure trial participation.
What did the court decide?
Applicant released on bail upon furnishing a personal bond and two sureties subject to specific conditions regarding court attendance and non-harassment.
What the court decided
Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6815 of 2022
Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Ashish Kumar Singh, learned counsel for the applicant, Sri Manu Raj Singh, learned AGA for the State and perused the record of the case.
The present bail application has been filed by the applicant to release him on bail in Case Crime No. 283 of 2021, Session Trial No. 600 of 2021, under Sections 452, 376, 354Ka, 354Ga, 506 IPC, Police Station Bahadurgarh, District Hapur during pendency of trial.
Learned counsel for the applicant contended that the FIR of the present case was lodged after five months of the alleged incident. He further submitted that victim is a married lady and the story narrated in the FIR itself appears to be highly improbable. He further contended that the present case appears to be a case in which prosecutrix is consenting party and this fact has been accepted in paragraph no. 16 of the affidavit filed in support of bail application. Learned counsel for the applicant further submitted that during investigation, no video recording was recovered by the Investigating Officer and further the independent witnesses also stated in their statements, recorded by the Investigating Officer, that there was love affair between the applicant and the victim, therefore, it is a case in which, applicant should be released on bail. The applicant is in jail since 16.09.2021 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Issues for consideration
3 issues framed by the court
Whether bail should be granted despite allegations of rape where the FIR was lodged after five months of the alleged incident.
Whether the applicant's entitlement to bail can be established considering discrepancies in witness statements and lack of video evidence.
Whether conditions can be imposed upon the release of the applicant to ensure fair trial and prevent misuse of bail.
Parties & counsel
- applicant
Sonu
- respondent
State of U.P.
Coram
Sameer Jain
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/6815/2022
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