Allowed

Atul Kumar v. State of U.P.

Allahabad HC9 Jun 2023BAIL/23869/2023

Case brief

AI extract

What is this about?

In a bail application alleging rape and threatening, the court observed overcrowding and guided by precedent granted bail on personal and two surety bonds, imposing strict conditions regarding tampering, adjournments, and presence in court.

What did the court decide?

Released on bail on personal bond and two sureties each, subject to strict conditions regarding tampering, adjournments, and court appearance.

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

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Neutral Citation No. - 2023:AHC:125734

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23869 of 2023

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Applicant :- Atul Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Singh Sengar,Ajay Singh Sengar Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A for the State.

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There is allegation against the applicant of committing the offence of rape and threatening a girl aged about 20 years.

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Counsel for the applicant submits that the applicant is also of the same age. From the statement of the victim recorded under Section 161 Cr.P.C., it appears that the victim knew the applicant for last six years. She wanted to marry him and she went outside the house in the night in his calling. However, in her statement recorded under Section 164 Cr.P.C., she has made allegation of rape against him.

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Counsel for the applicant also submits that the medical report of the victim does not supports the prosecution case. She was clearly a consenting party. All the family members were there in the house and sleeping when the alleged offence alleged took place. The allegations are not credible. The applicant is in jail since 28.02.2023 and has no criminal history to his credit.

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On the other hand learned A.G.A has opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court

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in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 ; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and 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 the applicant, Atul Kumar, involved in Case Crime No. 203 of 2023, under Sections- 376, 504, 506 IPC, Police StationAuraiya, District- Auraiya, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to 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 or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 9.6.2023 Rohit

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Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad

Atul Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Atul Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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