Allowed

Anil Kumar v. State of U.P.

Allahabad HC22 Mar 2023BAIL/4121/2023

Case brief

AI extract

What is this about?

In a bail application under Sections 376 and 506 IPC, the Allahabad High Court allowed the release of the accused on personal bond and local sureties, imposing standard conditions regarding presence in court and cooperation with the trial process.

What did the court decide?

Release on bail with personal bond and two heavy local sureties subject to undertaking regarding court attendance and evidence proceedings.

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

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4121 of 2023

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Applicant :- Anil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Chandra Lal Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,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 prosecution story in brief is that the informant/victim used to live alone in her house on 29.08.2022 at about -8:00 P.M. the applicant who is the family member used to tease her frequently and when the victim was going to field to ease herself, on the way, behind her back the accused persons had pressed her mouth and slammed on the ground and committed rape with her, on hearing the sound of some people, they ran away after abusing and threatening for dire consequences. The victim when went to the house of the applicant and complained about the incident, the applicant started abusing and beaten her on alarm, some pupil saved her. Learned counsel for the applicant submits that it is admitted fact that the victim is 19 years and that the victim in her statement recorded under Section 164 Cr.P.C. has repeated the prosecution version. He further submits that the medical evidence does not corroborate with the prosecution and in fact no such incident has occurred. Learned counsel has next argued that in fact, Smr. Reeta Devi wife of Sunil (the accused in the instant case) had lodged a first information report against the brother-in-law of informant and as a counter blast to the same, the applicant has been roped in the instant case. He next submits that no offence

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against the applicant is made out.Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 22.12.2022 having no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Anil Kumar involved in Case Crime No.294 of 2022 under Sections 376, 323, 504, 506 I.P.C., Police Station Karari, District Kaushambi be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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I. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the

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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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II. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 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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III. In case, the applicant misuses the liberty of bail 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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IV. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his 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, status 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 :- 22.3.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Anil Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anil Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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