Allowed

Sumit Kumar Gupta v. State of U.P. and 3 Others

Allahabad HC24 Mar 2023BAIL/42832/2022

Case brief

AI extract

What is this about?

The High Court allowed bail to the applicant, Sumit Kumar Gupta, charged with offences under the IPC and POCSO Act against his wife. The court was satisfied that there were no matrimonial disputes, the victim did not object to the bail, and both parties agreed to register their marriage. Bail was granted subject to conditions including attendance at court and protection of the victim.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties, subject to specific conditions including regular court attendance and allowing the victims to approach the court if h

Sumit Kumar Gupta Vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42832 of 2022

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Applicant :- Sumit Kumar Gupta Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vishnu Swaroop Srivastava Counsel for Opposite Party :- G.A.,Dev Kaushik

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Hon'ble Sanjay Kumar Singh,J.

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Heard Mr. Vishnu Swaroop Srivastava, learned counsel for the applicant, learned Additional Government Advocate representing the State and Mr. Dev Kaushik, learned counsel appearing on behalf of the informant / victim.

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By means of this application under Section 439 of Cr.P.C., applicant Sumit Kumar Gupta, who is involved in Case Crime No. 146 of 2022, under Sections 376, 504, 506, 313, 406 IPC and Section 3/4 POCSO Act, police station Gorakhnath, district Gorakhpur, seeks enlargement on bail during the pendency of trial.

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In this case, the first information report of the complainant/victim was registered on 30.06.2022 through an application under Section 156(3) Cr.P.C. dated 20.04.2022 against the applicant Sumit Kumar Gupta, she has alleged inter alia that she used to go to the mobile shop of the applicant to get her mobile recharged. Gradually, they came close to each other. On 14.02.2020, the applicant enticing her took her to Kailash Hotel and made physical relation with her on the pretext of marriage. The applicant has also made her video and on the pretext of said video, he started blackmailing her and used to make physical relation with her whereby she became pregnant. After her much effort, family members of the applicant got the marriage of the applicant solemnized on 18.09.2021 with her in Gorakhnath Temple but later on, she has been thrown out of the house. After culmination of the investigation, charge-sheet has been submitted against the applicant, who is languishing in jail since 24.07.2022.

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The matter was heard on 14.03.2023 and following order was passed :-

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"It is argued by learned counsel for the applicant that applicant is husband of the victim. His marriage with the victim was solemnized on 18.09.2021 and from the wedlock of the applicant, victim gave birth to a female child. The FIR of this case was lodged on 30.06.2022 with regard to an incident alleged to have taken place on 14.02.2020 on account of acrimonious relation of the applicant with the victim. He further submits that now there is no matrimonial dispute between them.

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Learned counsel for the applicant, upon instructions from the father of the applicant who is present before the Court, also submits that the applicant and his family members are ready to keep the victim along with her daughter in her matrimonial home with all dignity and respect. He further submits that father of the applicant shall bring the victim along with her child back to her matrimonial home within a week and shall also file an afÏdavit in this regard by the next date of listing.

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In response, learned counsel appearing on behalf of the informant/victim submits that in case the applicant and his family members are ready to keep the victim and her child, she has no objection if the Court grants bail to the applicant as she is also willing to live in her matrimonial home.

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In view of the above, list this case on 24.03.2023 as fresh."

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Today, Ravindra Kumar Gupta, father of the applicant and the victim alongwith her child aged about 03 months are personally present before this Court although they were not summoned.

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On putting query by this Court, the victim has stated that on 15.03.2023, her father-in-law (father of the applicant) took her from her house to his house and today, she and her child have come to this Court alongwith him. She did not make complaint against her in-laws but expressed her desire to get her marriage registered so that in future, her status as wife of the applicant may not be disputed. She has also stated that her parents have no objection to her marriage with the applicant. She also prayed for allowing this bail application.

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Mr. Ravindra Kumar Gupta, father-in-law of the victim has no objection to such prayer of the victim and

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submits that after releasing the applicant on bail, he will get their court marriage solemnized and register the same in accordance with law within two months.

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Learned counsel for the applicant has further pointed out that pursuant to above order dated 14.03.2023, Ravindra Kumar Gupta (father of the applicant) has also filed supplementary afÏdavit dated 17.03.2023 annexing notary afÏdavit dated 15.03.2023 wherein the victim has stated inter alia that father of the applicant took her to his house on 15.03.2023 and he is taking care of her and her child. Hence, bail application of the applicant is liable to be allowed.

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Per contra, learned A.G.A. for the State as well as learned counsel for the informant/victim do not dispute the above factual aspect of the matter as argued on behalf of the applicant.

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Considering the aforesaid facts and circumstances of the case, this Court is of the opinion that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed .

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Let the applicant Sumit Kumar Gupta , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:-

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(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.

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(ii) That after his release, the applicant shall not involve in any criminal activity.

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(iii) That in case of harassment of the victim in her matrimonial home, liberty is open to her to move an application for cancellation of this bail order before this Court.

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Order Date :- 24.3.2023 Shubham

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Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad

Sumit Kumar Gupta v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Sumit Kumar Gupta 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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