Sonu v. State of U.P.
Case brief
What is this about?
On a bail application under Section 439 Cr.P.C., the court granted bail to the applicant, holding that the victim's statement indicated voluntary cohabitation, no abduction allegations existed, and other co-accused had already been granted bail.
What did the court decide?
Release the applicant on bail on personal bond and two sureties subject to conditions of appearance, non-tampering, and non-pressurization of witnesses.
What the court decided
Neutral Citation No. - 2023:AHC:209726
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45081 of 2023
Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
- Heard learned counsel for the applicant and learned A.G.A. for the State-opposite party.
- The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 843 of 2015, under Sections 363, 366 I.P.C., Police Station Majhola, District Moradabad during the pendency of the trial.
- Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The victim in her statements under Sections 161 and 164 Cr.P.C. stated that she had gone with co-accused Aalim voluntarily and entered into wedlock with him. As per the medical examination report, the victim is above 18 years. There is no allegation of abduction or kidnapping against the applicant. It is next contended that identically placed co-accused Nasir and Irshad have been granted bail by this Court in Criminal Misc. Bail Application Nos. 25282 of 2017, Nasir v. State of U.P., and 13505 of 2023, Ishad v. State of U.P., vide orders dated 01.08.2017 and 27.03.2023 respectively. Prior to the instant case the applicant does not have any criminal history, however, after his arrest he has been implicated in another case. The applicant is in jail since 10.09.2023 and if he is released on bail, he will not misuse the said liberty.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail under Section 439 Cr.P.C. given the voluntary nature of the association with the victim and the lack of abduction allegations.
Whether Co-accused Nasir and Irshad proceedings granted bail to similarly situated co-accused in this case.
Parties & counsel
- applicant
Sonu
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/45081/2023
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