Kapoor Chand v. State of U.P.
Case brief
What is this about?
Second bail application rejected by Allahabad High Court. Court found no new ground for bail after first rejection, citing gravity of IPC sexual assault charges and corroborated prosecution version.
What did the court decide?
Application dismissed; direction to trial court for expeditious conclusion of trial within six months.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:202499
Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38250 of 2023
Applicant :- Kapoor Chand Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Supplementary affidavit filed on behalf of applicant is taken on record.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present second bail application has been filed on behalf of applicant in Case Crime No. 475 of 2022, under Sections 376, 323, 506 of IPC and 67 (a) I. T Act, Police Station Mauaima, District Prayagraj with the prayer to enlarge the applicant on bail. The first bail application of the applicant was rejected by this Court vide order date 09.02.2022.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is further submitted that after rejection of first bail application of the applicant the statement of the prosecutrix was recorded before the trial Court. During her cross-examination, she stated that she did not know the mobile number of her husband, therefore, the allegation made in the F.I.R. that applicant forwarded obscene video of the prosecutrix to the mobile of her husband is falsified. It is further submitted that victim was consenting party since she was a major girl. It is further submitted that there is no substantial progress in the trial and applicant is languishing in jail since 03.09.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail on the grounds of innocence and non-substantial progress in trial having no new grounds advanced.
Whether the grant of bail is warranted in offences of sexual assault and cheating given the gravity of the charge and history of bail rejection.
Parties & counsel
- applicant
Kapoor Chand
Coram
Mayank Kumar Jain
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/38250/2023
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