The High Court allowed the bail application in a case involving alleged rape and POCSO violations, finding the applicant made out a case for bail despite severity of charges, without adjudicating the merits of the defense.
Release on bail by furnishing personal bond and two heavy sureties subject to standard 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.
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51830 of 2022
Applicant :- Gulshan @ Shishupal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sunil Kumar Tiwari,Pulak Ganguly Counsel for Opposite Party :- G.A.,Ram Chandra Solanki
Hon'ble Krishan Pahal,J.
applicant and the victim in a compromised state. Learned counsel has also stated that the victim has herself stated in her statement recorded under Section 164 Cr.P.C. that she was seen by her mother being subjected to the physical assault by the applicant and she has also stated that she was acquainted with the applicant for about a month. Learned counsel has further stated that as per the medical report, no injury has been found on her internal or external examination. Learned counsel has also stated that, as such, no allegations of rape stands approved. Learned counsel has also stated that although in the pathological report of the vaginal smear of the victim, the dead spermatozoa has been found, it does not indicate of the use of force. The defense of the applicant is that the victim was a consenting party.
i. The applicant will not tamper with the evidence during the trial.
ii. The applicant will not pressurize/ intimidate the prosecution witness.
iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
v. 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 officer or tamper with the evidence.
Order Date :- 20.3.2023 Shalini
Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail in a case alleging rape and violation of POCSO Act.
Whether the applicant has established a prima facie case warranting grant of bail.
What conditions are necessary for the grant of bail in a POCSO-related offence.
Colour shows how this judgement treated each authority
Sushil Kumar vs. Rakesh KumarReferred¶13
Sushil Kumar vs. Rakesh Kumar, (2003) 8 SCC 673 · Who else cites this
2 provisions across 2 enactments
Gulshan @ Shishupal
State Of U.P.
Krishan Pahal
Shalini Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
