High Court of Judicature at Allahabad allowed the bail application of Satendra Gaud accused under Sections 366, 376 IPC. The court found the case to be of consent based on FIR and victim statement. Bail granted with personal bond and sureties.
The applicant released on bail by furnishing a personal bond and two sureties with strict conditions.
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:195791
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43257 of 2023
Applicant :- Satendra Gaud Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
1. List revised.
Nitin were arrested by the police. It is argued that the present case is a case of consent and medical examination report does not corroborate with the prosecution story. It is argued that on the own showing of the F.I.R. the victim is major. It is argued that during investigation Section 376 I.P.C. has been added. It is argued that the applicant has no other criminal antecedents as stated in para- 25 of the affidavit and is in jail since 20.6.2023.
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
(Samit Gopal,J.)
Order Date :- 11.10.2023 Naresh
Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant shall be released on bail in the maintenance of his innocence and lack of tampering impact.
Whether the protestation of the applicant was insolent and required closure of bail under procedural and legal rules.
Whether the conditions of bail would protect the interest of justice in the present case.
4 provisions across 2 enactments
Satendra Gaud
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
