Allowed

Suraj Kumar Bhardwaj @ Shani Kumar v. State of U.P. and 3 Others

Allahabad HC26 Apr 2023BAIL/50033/2022

Case brief

AI extract

What is this about?

This bail application was allowed. The court held that since the victim retracted her allegations, married the applicant, and no new prosecution evidence was supported, a fit case for bail was made out based on the specific circumstances of the case.

What did the court decide?

Released on bail subject to a personal bond and two sureties under specific conditions.

Suraj Kumar Bhardwaj @ Shani Kumar Vs State… — Child Custody and Guardianship | Allahabad HC (2023)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50033 of 2022

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Applicant :- Suraj Kumar Bhardwaj @ Shani Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Suneeta Gupta,Girish Kumar Gupta Counsel for Opposite Party :- G.A.,Ashok Kumar Singh

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and Mr. Ashok Kumar Singh, learned counsel appearing on behalf of the first informant.

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The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 0598 of 2020, under Sections 363, 366, 376 of I.P.C. and Section 3/4 POCSO Act, Police StationChaubepur, District-Varanasi, during the pendency of trial.

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As per the prosecution case in brief, the informant who is father of the victim lodged F.I.R. on 14.12.2020 at 17:27 hours, under Sections 363, 366 of I.P.C. and Section 7/8 POCSO Act, against the present applicant with the allegations inter alia that on 12.12.2020 at about 4 o'clock he has enticed away his daughter aged about 17 years.

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It is argued by learned counsel for the applicant that victim was recovered on 30.08.2022 and thereafter her statements under Section 161 and 164 Cr.P.C. was recorded in which she has not made any allegation against the applicant rather she has stated that on 12.12.2020 she herself left her house without giving any information to anyone in her family, she was not enticed away by anyone. On 28.02.2022, she has solemnized marriage with the applicant and they are living as husband and wife. On the strength of said facts it is submitted that victim was consenting party with the applicant. Lastly, it is

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submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence, therefore, the applicant who is languishing in jail since 30.08.2022 having no criminal history to his credit is liable to be released on bail.

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Per contra, learned A.G.A. for the State as well as learned counsel for the informant opposed the prayer for bail of the applicant by contending that victim is under the age of 18 years but they could not dispute the above factual aspect of the matter as argued on behalf of the applicant.

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Having heard learned counsel for the parties and examined the matter in its entirety, I find that the victim has not supported the prosecution case as noted above, therefore, considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail.

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Hence, the bail application is hereby allowed .

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Let the applicant- Suraj Kumar Bhardwaj @ Shani Kumar , 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 the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police ofÏcer or tamper with the evidence.

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

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(iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.

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In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.

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Order Date :- 26.4.2023 Kashifa

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Digitally signed by :- KASHIFA High Court of Judicature at Allahabad

Suraj Kumar Bhardwaj @ Shani Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Suraj Kumar Bhardwaj @ Shani Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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