Allowed

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

Allahabad HC23 Aug 2023BAIL/32623/2023

Case brief

AI extract

What is this about?

The High Court released the applicant, Ankur, on bail under Section 439 Cr.P.C. in an alleged offence of rape and cyber-criminality. The Court held that after nearly three months of confinement and without evidence of tampering risk, bail was entitled.

What did the court decide?

The applicant to be released on bail on furnishing a personal bond and two sureties to the satisfaction of the Court.

Ankur Vs State of U.P. and 3 Others — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:169423

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32623 of 2023

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Applicant :- Ankur Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Adesh Kumar Counsel for Opposite Party :- G.A.,Aarushi Khare

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Hon'ble Vivek Varma,J.

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Learned AGA submits that notice of this bail application has been personally served upon the opposite party no. 2 on 28.7.2023. The receiving endorsement has been produced by learned AGA, the same is taken on record. However when the case is called out, none appears on behalf of the opposite party no. 2 nor any counter affidavit has been filed on his behalf

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Heard learned Counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and Ms. Arushi Khare, counsel for the opposite party no.4. Perused the record.

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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 526 of 2020, under Sections 354-D I.P.C., 7/8 POCSO Act and 67A I.T. Act, Police Station- Daraula, District- Meerut during pendency of the trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The allegations of rape and making of video of the incident viral has been levelled against the co-accused Amit. The applicant has not threatened the victim of making the video viral. No video clip was found in the mobile phone of the applicant. There is no report of the cyber cell that the alleged video has found in the mobile phone of the applicant and he made the video viral. At present, there is no corroborative evidence to link the applicant with the offence. The applicant never teased the victim or acted indecently with her. The case of the applicant is clearly distinguishable from that of co-accused Amit. The applicant is aged about 19 years whose career will be jeopardized as the result of the instant false criminal case. The applicant does not have any criminal history. The applicant is in jail since 30.5.2023. In case he is enlarged on bail, he will not misuse the said liberty.

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Learned A.G.A. and counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made above and the fact that the applicant has remained confined for almost three months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant, Ankur involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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i. the applicant shall not temper with the prosecution evidence;

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ii. the applicant shall not pressurize the prosecution witness;

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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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Order Date :- 23.8.2023 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

Ankur 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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