Allowed

Sunil v. State of U.P.

Allahabad HC23 Aug 2023BAIL/11815/2023

Case brief

AI extract

What is this about?

The Court allowed bail to the applicant, Sunil, in a bail application filed under Case Crime No. 321 of 2022 involving an offence under Section 376 IPC. The applicant, who was engaged to the victim, was arrested after he married elsewhere. The Court considered arguments regarding the false motive behind the FIR and lack of criminal history, allowing bail upon personal bond and sureties.

What did the court decide?

Applicant released on bail, furnished with a personal bond and two sureties in equal amounts to the satisfaction of the court below.

Sunil Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:169961

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11815 of 2023

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Applicant :- Sunil Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Singh,Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 321 of 2022 at Police Station Purandarpur, District Maharajganj under Section 376 IPC. The applicant is in jail since 23.01.2023.

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The bail application of the applicant was rejected by learned trial court on 20.02.2023.

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The following arguments made by Shri Virendra Singh and Shri Bhaju Ram Prasad Sharma, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA from the record, entitle the applicant for grant of bail:

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The applicant and the victim were engaged to be married.

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However, the wedding was called off due to differences with the family of the victim.

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The applicant never established physical relations with the victim against her will or by holding out any false promise at the inception of the relationship.

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After the rupture of the applicant's betrothal with the victim, he got

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married elsewhere. The F.I.R. was registered after the marriage of the applicant to create discord in his married life to wreak vengeance.

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The applicant does not have any criminal history apart from this case.

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The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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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- Sunil be released on bail in the aforesaid case crime number, on 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 or influence any witness during the trial.

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

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Order Date :- 23.8.2023 Jaswant

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Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad

Sunil v. State of U.P.

Case brief

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What did the court decide?

Sunil v. State of U.P.

Case brief

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