Allowed

Surendra Kumar Alias Shani v. State of U.P. and 3 Others

Allahabad HC27 Feb 2023BAIL/56135/2022

Case brief

AI extract

What is this about?

This Court allowed the bail application filed by the applicant for enlargement on bail during trial in connection with various sections IPC and POCSO Act. Conditions were imposed on the applicant's bail.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two heavy sureties with specified conditions regarding court appearance and interference with evidence.

Surendra Kumar Alias Shani Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2023)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56135 of 2022

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Applicant :- Surendra Kumar Alias Shani Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard Sri Radhey Shyam Shukla, learned counsel for the applicant, learned counsel for the State and perused the material on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Surendra Kumar Alias Shani, seeking enlargement on bail during trial in connection with Case Crime No. 438 of 2020, under Sections 363, 366, 120-B, 372, 373, 376-A,B I.P.C., section 5/6 POCSO Act, and section 5 Immoral Trafficking Act, registered at P.S.- Nigohi, DistrictShahjahanpur.

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The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is not named in the first information report which has been lodged after about one month delay. Neither the statement of complainant, nor in the witnesses nor in the suspected accused Chhavinath has been come, therefore, the final report has been filed. Under section 161 Cr.P.C. the alleged victim Km. Ruchi has stated that she made study after 12 years in Government School, she went from her house to elder sister's house Kiran when she reached Shahjahanpur there Gaurav Yadav alias Sonu met her he carried her Ujhani, he kept her up 45 days in his brother house Raju and he developed physical relation with her. Gaurav Yadav sold her to Moharpal for Rs. 60,000/-,he kept her for about one year, thereafter Gaurav sold her to his Sala, she remained with him for about 3-4 months, but he used to torture her, thereafter she left his house and met with Rinku and performed marriage with him. According to medical examination report, no injury was seen on her body and on pathological report no spermatozoa was found. The statement of the victim recorded under section 161 and 164 Cr.P.C. are contradictory to each other. Earlier also the victim was eloped from her house in the year 2019 and was recovered by the police at

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Delhi and thereafter she again left her parental house and visited several places. Now the victim is aged about 18 years and roaming here and there without permission of her parents. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 14.10.2022 having no criminal history.

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Per contra, learned AGA opposed the prayer for bail.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Surendra Kumar Alias Shani, be released on bail in the aforesaid case crime number on furnishing a personal bond and two heavy 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) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during

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trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails 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 I.P.C.

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(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed .

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Order Date :- 27.2.2023

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RPD

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Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad

Surendra Kumar Alias Shani v. State of U.P. and 3 Others

Case brief

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Surendra Kumar Alias Shani v. State of U.P. and 3 Others

Case brief

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