Allowed

Saurabh Sharma v. State of U.P.

Allahabad HC23 Jun 2023BAIL/18961/2023

Case brief

AI extract

What is this about?

In a bail application under Section 437 CrPC regarding a rape charge under Section 376 IPC, the High Court allowed bail. The court found the victim was a major who knowingly entered a relationship with the accused, which later turned sour. Considering the victim's age, the applicant's cooperation, and the trial's duration, bail was granted subject to conditions.

What did the court decide?

Release on bail subject to furnishing a personal bond and two sureties, with conditions to cooperate with the trial and not tamper with evidence.

Saurabh Sharma Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:128269

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Court No. - 48

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18961 of 2023

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Applicant :- Saurabh Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Goswami,Sanjay Goswami Counsel for Opposite Party :- G.A.,Rajesh Kumar Pal

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant Saurabh Sharma, with a prayer to release him on bail in Case Crime No.0058 of 2023, under Sections 376, 328, 506 I.P.C. registered at Police Station Vrindavan, District Mathura, during pendency of the trial.

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In brief, the prosecution case is that the accused-applicant has committed rape upon the victim on several occasion by administering the intoxicant.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the victim is major aged about 24 years and was in relationship with the applicant. The victim had gone with the applicant in a tour on her own free will. He next submits that the victim was a consenting party, which has also not been disputed by learned counsel for the complainant, but subsequently, the relationship became sour and culminating into the registration of F.I.R. He further submits that the applicant has no criminal history to his credit and he has been languishing in jail since 22.2.2023. If the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Per contra, learned A.G.A. has opposed the bail application, but has not disputed the aforesaid facts.

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Be that as it may, having heard learned counsel for the parties and on perusal of the record, it transpires that the victim is major aged about 24 years and she had gone with the applicant on her

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own free will; the applicant has been in jail since 22.2.2023 and co-operated with the investigating officer, during investigation; it will take a sufficiently long time to conclude the trial, and no fruitful purpose would be served in keeping the accused-applicant in jail. Considering the above facts, this court is inclined to enlarge the accused applicant on bail. Therefore, the bail application is allowed.

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Let the applicant, Saurabh Sharma, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the court's satisfaction, subject to the following conditions. Further, before issuing the release order, the sureties be verified.

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i. The applicant shall not tamper with the evidence and shall cooperate with the police as required.

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ii. The applicant shall refrain from pressurizing the witnesses during the trial.

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iii. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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In case of breach of any of the above conditions, the same shall be grounds for cancellation of bail.

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Observations made by this court while deciding the present bail application are prima facie in nature and shall have no bearing on the trial of the case.

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Order Date :- 23.6.2023 Anil K. Sharma

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

Saurabh Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Saurabh Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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