Allowed

Sunil v. State of U.P. and 3 Others

Allahabad HC3 Mar 2023BAIL/10483/2023

Case brief

AI extract

What is this about?

The Court allowed bail to the applicant in a case involving charges of rape and offenses under the POCSO Act. Granting bail was based on the hostile nature of the informant's testimony, the victim 's inconsistent statement, lack of possibility of flight, and the applicant's clean criminal record.

What did the court decide?

The applicant was released on bail furnishing a personal bond and two sureties each, subject to the condition of not tampering with evidence and abiding by court orders.

Sunil Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10483 of 2023

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Applicant :- Sunil Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Raghvendra Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Sri Vipul Kumar Singh has put in appearance on behalf of informant by filing vakalatnana which is taken on record.

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Heard Sri Raghvendra Prakash learned counsel for the applicant as well as learned AGA for the State and Sri Vipul Kumar Singh, learned counsel for the informant and perused the record.

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It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. As per allegation of the FIR, the applicant had developed physical relations with the victim on false assurance of marriage. The statement of the victim was recorded under Section 164 Cr.P.C. in which she has stated that physical relations were made with her consent and a baby was also born. The informant as well as victim appeared before the Trial Court as P.W.-1 and P.W.-2 and have not supported the prosecution case. The informant(P.W.-1) has been declared hostile. There is no possibility of applicant of fleeing away from the judicial process or tampering with the prosecution evidence.The applicant has no criminal history. The applicant is in jail since 9.11.2022 and if released on bail, he will not misuse the liberty of bail.

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On the other hand, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the aforesaid fact.

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Considering the submission of learned counsel for the parties and on perusal of record and taking into account the fact that informant(mother of victim) has been declared hostile and the victim has not supported the prosecution case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let applicant- Sunil be released on bail in Case Crime No.449 of

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2022, under Sections 376 IPC and Section 3/4 POCSO Act, Police Station Jahanaganj, District Azamgarh furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned, subject to the following conditions:

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(i) The applicant will not tamper with prosecution evidence in any manner whatsoever.

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(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activity.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 3.3.2023 P.P.

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Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad

Sunil v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Sunil v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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