Allowed

Susheel Kumar Gautam v. State of U.P. Thru. Prin. Secy. Home Sectt. Lko.

Allahabad HC17 Mar 2023/2700/2023

Case brief

AI extract

What is this about?

The Court allowed a bail application by the applicant, who was accused of rape and abduction. The Judge noted that the medico-legal report did not support the rape allegation and that the applicant himself informed the discovery of the victim.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond and two sureties, subject to not tampering with evidence or pressuring witnesses and appearing in court.

Susheel Kumar Gautam Vs State of U.P. Thru. Prin. Secy… — Bail and Remand | Allahabad HC (2023)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2700 of 2023

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Applicant :- Susheel Kumar Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Sectt. Lko. Counsel for Applicant :- Pankaj Kumar Awasthi,Anand Dwivedi,Ashok Kumar Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Ashok Kumar Singh, learned counsel for the applicant, and Sri Udai Bhan Pandey, learned Addl. Govt. Advocate for the State.

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By means of the instant application, the applicant Susheel Kumar Gautam S/o late Kallu Gautam seeks bail in Case Crime No. 574 of 2022, under sections 376, 342 IPC, P.S. Gosainganj, District Lucknow.

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The aforesaid case has been registered on the basis of a First Information Report registered on 7.12.2022 alleging that the Informant's mother-in-law, aged about 45 years, is of low intelligence; that the applicant enticed her away to the house of his sister and raped her there. The F.I.R. further states that upon coming to know about the incident the victim's younger son went there and he found the applicant and the victim inside a room.

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In the affidavit filed in support of the bail application it has been stated that the applicant is innocent. He has been falsely implicated in the present case. He has no criminal history and he is languishing in jail since 14.12.2022.

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The state has filed a counter affidavit annexing therewith copies of the relevant documents including a copy of the

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medico-legal examination report. The copy of the medico-legal examination report annexed with the counter affidavit indicates that no sperm or spermatozoa was seen in pathological examination and the doctor has opined that on the basis of clinical and pathological report there are no signs of use of force.

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A copy of the statement of the witness Raman, younger son of the victim and brother in law of the informant, has been annexed with this supplementary affidavit, wherein he has stated that it was the applicant himself, who had sent information about the victim being present in his sister's home.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation of rape is not supported by the medico-legal examination report and that the fact of the alleged victim having been traced was informed by the applicant himself and without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, this bail application stands allowed .

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Let the applicant Islam alias Susheel Kumar Gautam S/o late Kallu Gautam be released on bail in the aforesaid Case Crime No. 574 of 2022, under sections 376, 342 IPC, P.S. Gosainganj, District Lucknow, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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

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( Subhash Vidyarthi, J. )

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Order Date :- 17.3.2023 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Susheel Kumar Gautam v. State of U.P. Thru. Prin. Secy. Home Sectt. Lko.

Case brief

What is this about?

What did the court decide?

Susheel Kumar Gautam v. State of U.P. Thru. Prin. Secy. Home Sectt. Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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