Allowed

Sunil Kumar @ Goli v. State of U.P. and 3 Others

Allahabad HC21 Nov 2023BAIL/49452/2023

Case brief

AI extract

What is this about?

In a bail application under Sessions Case No.465 of 2023 involving offences under IPC and POCSO Act, the court considered the medical report age discrepancy and allegedly false implication. The court released the applicant on personal bond and two sureties, imposing strict conditions to ensure attendance and prevent tampering with evidence.

What did the court decide?

Released on bail on personal bond and two sureties subject to conditions regarding attendance and non-interference with evidence.

Sunil Kumar @ Goli Vs State of U.P. and 3 Others — Narcotics (NDPS) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:220288

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49452 of 2023

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Applicant :- Sunil Kumar @ Goli Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sudhir Mehrotra,Santosh Kumar Gaur Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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List has been revised.

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Learned AGA has informed that notice on opposite party no.2 has been served, but no one has put in appearance on behalf of opposite party no.2 to oppose this bail application.

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Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Sunil Kumar @ Goli, with a prayer to release him on bail in Session Case No.465 of 2023, Case Crime No. 31 of 2023, under Sections 354, 323, 506, 376(C) IPC and 3/4 POCSO Act, Police Station Raja Talab, District- Varanasi, during pendency of trial.

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There are allegations against the applicant of committing the offences of outraging the modesty of a minor girl, beating, criminal intimidation, rape and penetrative sexual assault.

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Learned counsel for the applicant has submitted that as per the ossification test report, the age of the victim is 18-19 years. The medical report of the victim does not supports the prosecution case. He has submitted that the victim and applicant are neighbours and dispute took place on account of fact that the informant wanted to passage from the house of the roof of the applicant and applicant refused to do the same because roof was newly constructed. Hence present implication was made. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since 19.4.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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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 deserves 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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Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; one

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sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 with the following conditions that :-

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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, it shall be a ground for cancellation of bail.

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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 :- 21.11.2023 Ruchi Agrahari

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

Sunil Kumar @ Goli v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Sunil Kumar @ Goli 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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