Allowed

Sunil Patel v. State of U.P. and 3 Others

Allahabad HC2 Nov 2023BAIL/45307/2023

Case brief

AI extract

What is this about?

The High Court granted bail to Sunil Patel, an accused in a rape and penetrative sexual assault case involving a minor, emphasizing false implication allegations, lack of medical support for prosecution, and jail overcrowding without expressing a view on merits.

What did the court decide?

Released on bail with personal bond and two sureties subject to conditions regarding no tampering with evidence, attendance at trial, and specific proceeding requirements.

Sunil Patel Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:209780

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45307 of 2023

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Applicant :- Sunil Patel Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Prashant Singh Counsel for Opposite Party :- G.A.,Babita Upadhyay

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant, Sri Babita Upadhyay, learned counsel appearing on behalf of High Court Legal Service Committee, High Court, Allahabad and learned A.G.A. for the State.

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Learned AGA informs that notice on opposite party no.2 has been served but no one has turned up to oppose this bail application.

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There is allegation against the applicant of commission of offence of rape and penetrative sexual assault of a minor girl aged about 15 years.

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Learned counsel for the applicant submits that it is case of false implication of the applicant. Sister of the victim runs a beauty parlour. She had taken Rs.25,000/- from the mother of the applicant as loan, which she did not returned. When the loan money was demanded applicant has been falsely implicated in this case. He has further submitted that the medical report of the victim does not supports the prosecution case at all. The incident is alleged to have taken place in dilapidated building but not a single scratch has been found on the body of the victim. No internal examination of the victim was conducted. Applicant is in jail since 22.04.2023 and has no criminal history to his credit.

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Learned AGA has opposed the prayer for bail but could not dispute the above submissions.

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Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Sunil Patel, involved in Case Crime No.236 of 2023, under Section 376 I.P.C and 4 POCSO Act, Police Station Karvi Kotwali

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Nagar, District- Chitrakoot be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. 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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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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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(v) 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 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.

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In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

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Identity 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 :- 2.11.2023 SS

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Digitally signed by :- SURENDAR SINGH NARANG High Court of Judicature at Allahabad

Sunil Patel v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Sunil Patel v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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