Allowed

Angad Kumar v. State of U.P.

Allahabad HC29 May 2023BAIL/53002/2022

Case brief

AI extract

What is this about?

Hon'ble H.C., Allahabad allowed this second bail application filing under Sections 376, 147, 323, 504, 506 IPC held that a case for bail is made out and ordered release on furnishing personal bond and two sureties subject to standard conditions.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below.

Angad Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:120067

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53002 of 2022

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Applicant :- Angad Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Kulshrestha,Kamlesh Kumar Kanojiya Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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The present second bail application has been filed by the applicant in Case Crime No. 308 of 2021, under Sections 376, 147, 323, 504, 506 IPC, P.S. Ramkola, District Kushi Nagar, with the prayer to enlarge the applicant on bail

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. There was previous enmity between the parties. Earlier a case was lodged from the side of applicant against informant and others and thereafter the first information report of this case has been got lodged by moving an application under Section 156(3) Cr.P.C. The alleged incident has been shown of 04.07.2021, but after incident, no complaint was made to the police and later on an application under Section 156(3) Cr.P.C. was moved. The victim is a major girl. There is no medical evidence to support the allegation of victim girl. Referring to statement of victim, recorded under Section 161 and 164 Cr.P.C., it was submitted that the allegations of rape, levelled against the

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applicant, are wholly false. It is further submitted that the first bail application was rejected by this Court vide order dated 06.07.2022 and after that the statements of informant and victim girl have already been recorded before the trial Court. Referring to statements of victim and informant, recorded before the trial Court, it was submitted that the allegations of victim regarding rape, are wholly unreliable and that the informant has inter alia stated that he wanted to lodge a cross case against the applicant and coaccused persons. As the statements of victim and informant have already been recorded, thus, there is no possibility of tempering with evidence. It was submitted that the applicant is languishing in jail since 28.03.2022, having no criminal history, and that and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. has opposed the prayer for bail and argued that there are allegations of rape against the applicant.

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Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.

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Let the applicant Angad Kumar involved in aforesaid case crime, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below subject to following conditions:

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i. The applicant shall not tamper with the evidence during the trial.

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ii. The applicant shall not pressurize/ intimidate the prosecution

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witness.

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iii. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

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iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law.

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Order Date :- 29.5.2023 A. Tripathi

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Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad

Angad Kumar v. State of U.P.

Case brief

What is this about?

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Angad Kumar v. State of U.P.

Case brief

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